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How to copyright software
How to Copyright Software Sanely
If you're wondering how to copyright software the good news is you've probably already done it. At least you have if you have ever written software. Most people however get confused over exactly what having a copyright for their software means and this is the trickier question to answer. First of all, thinking it isn't going to do it and you can't really copyright the things you think.
Second, only those things that can be seen (when it comes to software) can be copyrighted. If you want to protect the abstract, look into patents. Otherwise if it is original, fixed, and tangible you can copyright it. Essentially you already know how to copyright software if you've put it into a finished form. Once you've written the source code the copyright belongs to you.
Copyrighting software doesn't offer the protection that many people hope it will. The idea of the software and anything about the finished product that wasn't available in a tangible (visible) form isn't protected by the copyright. In fact the only thing that is undeniably protected by copyright when it comes to software is the source code. The question you should be asking is now how to copyright software, it is how to patent your software and that requires a much more involved and prolonged explanation.
To obtain a patent for your software you must apply for a patent in each country that offers patents for software and in which you wish to have the protection a patent can offer. I warned you this was much trickier than how to copyright software. Then it gets trickier still. There is no universal legal definition of what a software patent is so each country that offers patents also has a different definition for what is protected by that patent as well as for why a patent will be granted. If you want to add to the confusion a little more while wondering how to copyright software, also consider the fact that your software may be given a patent in one of the countries where you applied and none of the others.
Of course, if this is not enough fun for you, you can try to deal with the red tape involved in dealing with multiple governments in order to resolve any issues or disputes that may have arisen from the result of the software patents you hold. If you've forgotten the original question it was: how to copyright software? I told you that one was much easier.
The main thing you need to do if you're going for international patents (which can secure a profitable future for you and your business) is to get a really good patent lawyer and have him walk you through and hold your hand for the entire process. In fact, I would say that's probably the best advice you can get. Patents are complicated and when you're not exactly sure of what you're doing, whom you need to talk to, and what the next step is you stand to waste a lot of time while taking a bigger risk. It is much easier to deal with how to copyright software on your own than it is to work out the complicated world of software patents.
If this is your first time designing your own software you have every right to be nervous and excited and scared to death at the same time. Remember lawyers went to school much longer than you in order to know what to do in this situation so you should not be expected to know how to copyright software when you've never done it before.
Turning your Eye to Government, Nonprofit or Small Business for you Next Job The type of business you work for can effect your job satisfaction. Your personality type may also work out better at certain types of businesses. Research different business types before going on your job search. Working for a small business or a non-profit definitely has its pros and cons. First of all, getting hired at a small business can be much easier than landing a position than at a corporation. Typically you will only have to go through one person to get the job. Usually the small business owner conducts the interview. This can be a good thing because the business owner may be willing to overlook a lack of experience or extenuating circumstances concerning your work history. Nonprofit jobs are often easier to get if you are passionate about the cause. The person that is doing the hiring is generally passionate about the cause that the nonprofit is working to assist. If they pick up on passion about the cause from you, typically you will get the job. However, that passion is necessary because they pay may not be very much. Working for a smaller company also opens up more opportunities for promotions. With fewer employees and contact with the owner, you may be able to move up in the company faster. You will be able to pick up on skills in less time than at large corporations, which often have many hoops for one to jump through before training for a new position. There may be a smaller window of time to pick up on new skills because of the limited amount of time that can be put towards training. Nonprofits may not have as many opportunities for promotions and job stability may be questionable. If the donations stop coming in or whoever funds the nonprofit decides not to fund it anymore, you could be out of a job. This is a very real concern with a nonprofit job. There are some drawbacks to working at smaller businesses. Sometimes, the staff at smaller businesses have been in place for years. New, younger employees may not be viewed favorably. This could affect working relationships with co-workers. Smaller companies also mean smaller paychecks. Independent businesses are not able to generate large paychecks. This could make staying at a small business undesirable. However, the personal interaction between you and your boss could be encouragement to stick it out with a small business. Or the opposite could be true. Government jobs can be beneficial to have for a number of reasons. First of all, government jobs offer good salaries and great benefits. You will have all government holidays off and you will be working in a position that is necessary to the maintenance of the government. That means that you probably won’t have to worry about being displaced. Although, remember that if the government runs into tough times, layoffs are possible. Government jobs are usually normal business hours but not always. There are some positions that will have hours that extend a little bit beyond regular business hours but for the most part, you will be able to enjoy your life by taking advantage of vacation time. Sick days will also be available at government jobs. Some of the drawbacks of government jobs are that you may have to deal with a large amount of on the job stress. You may be responsible for processing hundreds, maybe even thousands of cases and one mistake could be very tragic for an individual. Depending on what your position is, you may be instrumental in handling paper work from a huge amount of people. Copyright Infringement Lawsuit Who are in Copyright Infringement Lawsuits? A copyright infringement lawsuit can be brought down for any number of reasons: someone using a song in a podcast or radio program, a writer ‘borrowing’ information from another work, the copying of video or mp3 off the internet without permission (or sometimes, even to another CD or DVD). Copyright infringement lawsuits are not generally brought to the average person, unless they’re downloading a LOT of music or movies, but usually for large operations: software pirates reselling goods on eBay or to some other unsuspecting victim, someone ‘sampling’ a song to make another, or maybe a person reselling mp3s online. When you understand the implications of it, copyright infringement lawsuits aren’t frivolous as some people may make it seem. For the most part, the average person’s familiarity with a copyright infringement lawsuit is taking down copyrighted material after receiving a nasty email. The use of works that are used in major record albums my major recording stars like Britney Spears or 50 Cent, people will begin copyright infringement lawsuits for songs that bear resemblance to another song. Usually these suits will be lost because it’s rather hard to prove inspiration, but they are rather costly and draining, especially if there isn’t a large backing legal team. Copyright infringement lawsuits for large enterprises can be rather costly and time consuming as well. If you work for someone, and you plagiarize someone on the company blog, the whole company can be sued, and you fired, for that infraction. Another large copyright infringement lawsuit is the eminent MySpace v. Universal Music Group, who is claiming that MySpace is knowingly committing copyright infringement by allowing it’s users to upload copyrighted material. Even then, Universal Music Group has been negotiating with MySpace and couldn’t come to an agreement – then they filed suit. Universal Music Group has an agreement in place with YouTube, where YouTube agrees to follow Universal’s rules. It’s worked out well thus far, and I think with an agreement in place ‘user created content’ will retain a destination on the internet. This is a testament we all need to be with social networking sites and ‘user created content.’ We need to watch ourselves, because many times we may not realize the veracity of our actions. Sometimes, people break copyright laws on purpose. There is a huge market in the dealings of pirated software – from Windows to Photoshop to The Sims. It’s very easy to share peer-to-peer, and because of that, people can resell ‘pirated’ for a high price – all profit. Or they’ll download MP3 and resell them; or eBooks. These people who resell these items get nasty penalties – with both copyright infringement lawsuits and criminal cases. They’ll pay a hefty fine and go to jail. As you can see, copyright infringement lawsuits can affect any one of us – from our friends on MySpace to our employer, to the computer geek down the street. It’s very easy to violate copy rights, and you have to watch yourself. The chances are good that you won’t be involved in a major copyright infringement lawsuit, but you still need to ensure you’re following the copyright rules of engagement. Copyright infringement lawsuits are important in determining what is, and isn’t, applicable to copyright laws. Because of these lawsuits, our laws have changed regarding fair use, internet use, and the Electronic Frontier Foundation and CreativeCommons.com has been formed. The lawsuits help us to understand what is, and what isn’t fair – and these organizations have helped the masses to understand what’s so important about copyright, and why we need to defend our freedom of speech. |