Intellectual Property 4

What does it cost to register a copyright?

The registration fee is $30.00.

If I don't register the copyright, should I mail myself a copy of the work and save the sealed package to prove the date and authorship?
That's a waste of time and effort. As attorney Gerry Elman explains, "It's a myth that you can date something by sticking it in an envelope and mailing it to yourself. That's because you could send an empty envelope to yourself, sealed lightly with rubber cement, keep it safe, and then when the time comes that you want to antedate something, stick your newly created letter inside and seal the envelope shut."
Instead, Elman recommends having a friend with no interest in your work or a notary sign and date your document as a witness. For works in digital form, there are companies online that offer a "digital notary" service that time-stamps and locks a computer file.

I publish a monthly newsletter. If I register the copyright, do I have to register each issue of the newsletter separately, or can I register a year's worth on one form?

Since each issue is separately copyrightable, you have to register each one separately. A group registration is available, but it is for registering groups of works by the same author. Copyright Office Circular 62, Registration for Serials, explains the regulations for newsletters, bulletins, and other periodicals. Circular 104, Group Registration of Contributions to Periodicals, explains group registrations.

I forgot to put a copyright notice on my program. Will I lose my copyright on it?

If the program was published after March 1, 1989, no, you won't lose your copyright. It would be a good idea to add your copyright notice to future copies, though it isn't necessary.
If the program was written after January 1, 1978, and registered within 5 years of publication, the copyright may still be valid. See Copyright Office Circular 3 for more information.

Do I have to give the Copyright Office a copy of the source code if I register my software?

Not necessarily, but if you don't, you have to ask the Copyright Office for special relief from the strict application of the law. They will respond with a letter saying that they can't determine whether there is copyrightable authorship in the materials you sent but that they will issue a certificate under the "rule of doubt," If you do provide at least some of the code, portions containing trade secret material may be blocked out if you request another form of special relief. For additional information, get Copyright Office Circular 61.

Is there any other way I can protect my software?

You might be able to patent your software or use trade secret law, trademark laws, or unfair competition laws to protect it. An intellectual property attorney would be the best source of information if you plan to market your software to a large commercial market. Whether you plan to hire an attorney or not, however, a good book to read for additional information on software and legal issues is Software Development: A Legal Guide, by Stephen Fishman, especially if you plan to market your own software. It is published by Nolo Press.

Can I copy phone listings?

According to a March 1991 Supreme Court ruling in the case of Feist Publications v. Rural Telephone Service Co. you can safely copy the white pages in the phone book, In the decision that was handed down in the case, the court said copyright is not awarded for sweat-of-the-brow work but for originality. Listings in the white pages of a phone book, the court ruled, are facts with no originality in organization or expression and therefore cannot be protected by copyright.
The ruling did not automatically negate copyrights on other kinds of compilations. It would seem from the wording of the decision that compilations showing originality of organization and expression would still be protected by copyright. What is likely to be tested in future court cases is just what constitutes originality of organization and expression. Congress also continues to study this issue and may enact legislation specifically protecting compilations of information.

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