Is it necessary to deposit computer program for which copyright is being sought?
A1:
Documentation which normally accompanies the program is regarded as separate work and for this reason if the same has to be registered, it must be separately registered and not combined with the computer program in a single application.
If an employee in a company develops a program, would this employee own the copyright?
A2:
No. In the case of a program made in the course of author's employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright.
If an independent third party develops a program for a company, who owns the copyright?
A3:
Works created by third parties on commission do not automatically vest the copyright in the commissioning party. If the third party is an independent contractor, it is essential for the commissioning party to obtain the copyright through a written deed of assignment. It is a common misconception that the copyright automatically belongs to the commissioning party. Thus, it is only where the developer is an employee creating the work under a contract of service that the rights belong to the employer.
Is there a possibility of divulging trade secrets through deposit of source Code?
A4:
Although the Copyright Office has procedures designed to protect trade secrets but once the Copyright is registered, the work is open to public inspection. For this reason, it is advisable, only to file a small extract of the computer program rather than the full program itself. It is important however to know that the part of the computer program which is not being filed would remain the trade secret of the owner and can be subject matter of a protection against any person who wrongfully obtains and utilizes the said program.
In some of the programs, the screens could be the most commercially Significant aspect, Is it necessary to register the program screen separately from the underlying code?
A5:
Generally, all copyrightable expressions embodied in a computer program, including screen displays, are protectable. However, unlike a computer program which is a literary work, screen displays are artistic works and cannot therefore be registered in the same application as that covering the computer program. A separate application giving graphic representations of all copyrightable elements of the screen display is necessary.
