From time to time, the United States Copyright Office comes out with a publication that either notifies the public or clarifies an issue for the public. Circular 61 (revised 3/2021) addresses “Copyright Registration of Computer Programs.” The article discusses the definition of a “Computer Program,” what qualifies in that category, how to register for the copyright, and topics such as computer screen displays, user manuals, video games, and special submissions.
Definition of a Computer Program
“A computer program is a set of statements or instructions to be used directly or indirectly in a computer to bring about a certain result. Copyright protection for a computer program extends to all of the copyrightable expression embodied in the program. The copyright law does not protect the functional aspects of a computer program, such as the program’s algorithms, formatting, functions, logic, or system design. (p.1)”
How to Register for a Computer Program Copyright
An applicant must:
- Submit a completed application form;
- Pay a non-refundable filing fee; and,
- Provide the Copyright Office with a non-returnable deposit of the work being registered.
Typically, the applicant must submit a separate application for each work, with a few exceptions and that application should be filed prior to publishing the work. The Circular goes on to discuss nuances of new or different versions of the software, unpublished versions, but explicitly does not cover:
- “Previously published source code;
- Previously registered source code;
- Source code in the public domain; or
- Copyrightable source code owned by a third party.”
Moreover, “there is a limited exception to this rule. A registration may cover both new and preexisting source code if (1) the preexisting source code has never been published or registered, and (2) the claimant owns the copyright in both the new and the preexisting source code.”
Requirements for the “Deposit” with the Copyright Office
The deposit must be submitted in the source code of the specific version of the program to be registered.
“Source code is the set of statements and instructions authored using a programming language (e.g., C++, PERL, Java). It is comprehensible to a person familiar with the programming language but requires conversion into object code before it is comprehensible to a computer or other electronic device.”
Submission Guidelines
The Circular outlines how the source code is to be submitted, including:
- Source Code with Trade Secret Information
- Source Code without Trade Secrets
- Derivative Computer Programs
- Registration of User Manuals
- Registration of Video Games
“A video game typically contains two major components:
- Audiovisual material that appears on-screen.
- The computer program that runs the game.”
Based on certain narrow circumstances, there are exceptions to the deposit requirements.
This area of the law is nuanced and to ensure the protection of your computer program, you should consult with Technology General Counsel for a free consultation regarding Copyright Registration. You can also see the full text of Circular 61 by clicking here.
