You have decided to register the copyright in your software. So, when you get to the part of the application that asks about the deposit, what do you have to include?
When it comes to software copyright registration, you want to protect your software but not give away the entire code.
Fortunately, registering software with the U.S. Copyright Office does not necessarily mean submitting every line of code you’ve ever written. There are specific deposit requirements, with options designed to address confidential and trade-secret material.
Here’s what you need to know before you submit that application.
What Is a Copyright Deposit?
When you register a copyright with the U.S. Copyright Office, you have to submit a copy of the work you’re registering. This is known as a deposit.
For a novel, that is just a copy of the book. But with software, it is different.
A computer program may contain thousands of lines of source code. It may also contain confidential algorithms, proprietary information, and trade secrets that you do not want to put into anyone else’s hands.
The Copyright Office has rules that recognize those concerns.
Do You Have to Submit Your Entire Source Code?
No, this is probably the biggest myth people have when they first look into registering software. For many computer program registrations, the Copyright Office allows an applicant to submit identifying portions of the source code instead of the entire program.
Under the applicable deposit rules, this can involve the first 25 and last 25 pages of source code. However, that does not mean you should grab the first 25 pages and last 25 pages, upload them, and call it a day.
There are additional rules about what those pages need to contain. Your deposit will depend on the nature of the program and the material you’re trying to protect.
What If My Code Contains Trade Secrets?
Your source code may contain much more than copyrightable expression. It could include:
- Proprietary algorithms
- Confidential processes
- Other information your company considers a trade secret
Fortunately, the Copyright Office has procedures that can protect certain trade secret situations. In some cases, portions of source code can be blocked out or omitted from the deposit. You do need to understand those requirements before you submit the code.
You cannot redact whatever looks sensitive and send it in. The Copyright Office needs enough information to identify the copyrighted work.
What About Object Code?
Computer programs can exist in different forms, including source code and object code. The Copyright Office’s rules have different deposit options depending on the circumstances.
The format of your software, the type of copyright registration you’re seeking, and the material contained in the program are all important.
If you’re dealing with commercially valuable software, you need to make sure you know the applicable deposit requirements before filing.
You Should Care About What You Submit
What do you have to deposit with a software copyright registration? This will depend on your software and the circumstances of the registration.
Before filing, you need to know what version of the program you are registering, what portions contain copyrightable expressions, whether the code contains trade secrets or other confidential information, and which deposit requirements apply.
If you’ve invested time and money into developing software, you shouldn’t have to guess your way through the registration process.
At Iconic Inc., we can help you know what should be included in the deposit and how copyright fits into the larger strategy for protecting your software.
You put a lot of work into building your creation. Taking the time to properly protect it is worth it. Schedule a consultation today.