by Traverse Legal, reviewed by Enrico Schaefer - July 19, 2013 - c. Copyright Infringement On The Internet
Oftentimes people discover that someone else has copied their website,
computer program, or computer application online. They want to take action.
However, unless they have registered for copyright protection with the US
Copyright Office, they cannot file a lawsuit in federal court. Therefore,
pursing copyright registration for computer programs and applications is
critically important. In order to do so, however, there are many practical and
legal decisions that need to be made in order to provide the broadest
protection for a website, computer program, or computer application.
As always, copyright protection extends only to the copyrightable expression
embodied in the website, computer program, or computer application. No one
person can claim copyright protection for ideas, program logic, algorithms,
systems, methods, concepts, or layouts. While other kinds of intellectual
property protection may be available for those, copyright protection is not.
Since the registration of a copyright is a prerequisite to filing a lawsuit
in federal court for copyright infringement, insuring that the copyright
registration is correct typically requires the assistance of a copyright
attorney. The copyright attorney can assist you with determining whether or not
your computer program contains trade secrets and how the deposit that must
accompany any copyright registration can be adjusted accordingly. In addition,
a copyright attorney can help you understand whether or not your registration
pertains only to your computer program or also to its screen displays. The same
holds true for your website if it is providing software online or for your
computer application, or app. Finally, a copyright attorney can assist you
insuring that all authors and owners of the particular registration have
accurately been reflected, and if necessary, agreements have been secured in
order to insure that you have the necessary copyright rights in your computer
program or other copyrightable item.
Ultimately, copyright registration for computer programs is extremely
important. Completing the online application for computer program is one step,
but a copyright attorney can insure that you have done what is necessary prior
to and after successful registration in order to secure, maintain, and enforce
your copyright rights.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.