How to Copyright?

[lord loh]

How on earth does one copyright one's software ?

Is it enough to just put the (C) symbol ? or are there any legal formalities ? and how much do they cost ?

I would like to copyright a simple JavaScript that prevents the visitors from clicking the Submit button twice...And I want people using the script to pay me for it!
(only an example)
How can this be done ?

Thank You!
Please rate this thread on the basis of how informative the subsiquent posts are.

[TheCPUWizard]

At the personal request of Lort Loh, I am responding. The following is NOT legal advice, consult your attorney before proceeding.

First, in order for something to be eligible for copyright, this must be an original work of some significance. The term "some significance" varies quite greatly and quantifing/qualifing this term is the heart of many legal battle. Also it is is not possible to copyright something that can be derived from knowledge in the public domain. This means that something like:


if (myVar == 7)
DoSpecialFunction()


can not be protected by copyright. If it could, someone would have put a copyright on the if statement itself....

If something is eligible for copyright, the copyright can be put in place as either a published or un-published work. Published works are registered with the library of congress. Since nearly every printed publication is registered, having your work published in a trade journal usually suffices. Any item can be copyright as an unpublished work, simply by stating it is copyright along with the author, and date.

The primary downside to copyright as an unpublished work, it that persuing an alleged violation requires documentation that the other party would have found you work as a result of a due diligence search. If I create some original material, and store it solely on my hard drive, it would be very difficult to prove that another party "stole" my work, rather that developed the same work independantly.

Finally copyright and the associated sysmbol are not recognized by all non-US goverments. Many countries require the explicit statement "All Rights Reserved".

There are plenty more details involved in establishing protection for original works. A consultation with a law firm speciializing in this area is always worth the time and effort. Remember in the world of legalities, a single grammitical error can often change the entire meaning of a document if it ever needs to be reviewed by the courts.

Hope this helps....

[proxima centaur]

I think you are mixing things up. Copyrights are not patents exactly, I think.

If I'm correct in most countries you don't have to do anything to have copyrights if you're the rightful author. However, copyrights applies to contents, and not to ideas per se. For instance, any article I write is de facto copyrighted, I don't even have to write the (C) on it. It is assumed the article is mine and onlymine. This is intellectual property. However, for commercial ideas, if your idea has not been published or exposed in public, you have the right to apply for a patent for your idea. Patenting an idea is a pain in the butt, but it will give you commercial priviledges about using your idea. Keep in mind that anything you publicly publish becomes "public domain" and you therefore have no right to keep it to yourself. So I'm sorry to say that sharing your idea with us now prevents you from ever having a valid patent on that idea. ;)
There is also the "trade mark" issue, to be able to put a "TM" on your slogan or logo, you have to register it to your government, it doesn't give you more rights than the copyrights already give you, it simply officializes that at the given date, you were using the slogan or company name. This is only to prevent somebody to claim he/she had thought of it before.

If I'm wrong, correct me.

:)

[lord loh]

So, to gain commercial benifits on my programme, I have to just


Put it on my site web site or advertize it.(publish)
Put the (C) message and "All Rights Reserved".
And file suites on breachers ;)


Right ? Am I missing anything ?

I do understand that for more protection, I must consult a lawyer... But will this help for elementary solutions...?

[lord loh]

I stubbled across some more details about copyrights....Sinse this thread was immensely popular...I deceided to post again...

Source :US Copyrights (http://www.copyright.gov/help/faq)

How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

How do I protect my idea?
Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.

Does my work have to be published to be protected?
Publication is not necessary for copyright protection.

Also...Copyright notice is not mandatory...but was a part of earlier copyright laws...

Publication is not the key to obtain copyright but is necessary.

Duration of copyrights...
The original works are protected upto 70 years after the death of the last surviving creator.
The works produced for hire shall be copyright for 120 years from creation or 95 years from publication. Whichever is earlier.


[see (http://www.copyright.gov/circs/circs1.html)]


Form the above I see that softwares can only be copyright and not patented.

So windows should be come a public domain after 95 years...

If anyone has any comments...Please put it up...