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  Copyright Your Software by Stephen Fishman Copyright Your Software
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by Stephen Fishman
Includes CD Quality Paperback & CD (Windows/Mac), 384 pages, 7 x 9 inches
Publisher: Nolo; ISBN: 0873377192; Pub date: Sept 2001; ©2001, '98, '94
Catalog# 7192-2
List price: $34.95

Sorry, Now Out of Print, Not Available

The best way to protet your software is to register your copyright. If you don't, you could face an upghill battle when dealing with somenone who is "borrowing liberally" from your creation.

Copyright Your Software tells you everything you need to know about software copyright protection. It provides step-by-step instructions and all the forms you need to register your work with the Copyright Office.

Copyright Your Software covers the latest developments in this ever-changing field and includes the new copyright-office forms on the included CD (Windows/Macintosh). Everyone in the software industry -- developers, programmers, publishers and authors -- should have this book.


In plain English, the book explains:

      • Who owns a copyright
      • How to sell a copyright to publishers and clients
      • What your copyright notice should say and where it should appear
      • The scope of the copyright protection
      • What to do about infringement
      • How to recognize a derivative work
      • How to protect interfaces, databases and more
      • How and when to use software licenses
      • International copyright protection

Table of Contents

    1. How to Use This Book
    2. Copyright Basics
    3. Copyright Notice
    4. Copyright Registration: The Basics
    5. The Registration Process
    6. After You‘ve Mailed In Your Registration
    7. Scope of Copyright Protection for Software
    8. Derivative Works and Use of Preexisting Material
    9. Computer Databases
    10. Multimedia Programs
    11. Initial Copyright Ownership
    12. Transferring Software Copyright Ownership and Use Rights
    13. Software Copyright Infringement: What It Is, What to Do About It, How to Avoid It
    14. International Software Copyright Protection
    15. Other Legal Protections for Software
    16. Help Beyond This Book


List of Forms

Blank Forms

Copyright Application for Software
Form PA
Form VA
Request for Special Handling
Form_____/CON (Continuation Sheet for Application Forms)
Form CA
Search Request Form
Document Cover Sheet

Sample Forms

Unpublished computer program created by a single author; not a work made for hire
Published work made for hire; computer program and document registered together
Published computer game created by joint authors; all rights transferred to publisher; screen displays listed in Nature of Authorship statement
Published derivative work made for hire; a new version of previously published program
Documentation registered separately from computer program
Computer game
Published multimedia program; work made for hire
Computer database; group registration for patent database updated weekly


Some excerpts from the book...


Potential Problems Arising
From Copyright Registration

Let's assume we've convinced you that registration is wise. Before you register, you should know about a possible down side to making your work a public record by registering it with the U.S. Copyright Office: Your copyright application and at least some part of your work become available for public inspection when you register. Others will have the opportunity to examine your work. They can view everything you send to the Copyright Office, although they cannot normally make copies.

If making your material public in this way concerns you, make sure to read Chapter 5, Section D. There we address this concern in detail and suggest several practical ways to alleviate it. Those readers who plan to maintain the trade secret status of their work will also want to read Chapter 15, Other Legal Protections for Software.

We believe that, in most situations, the danger that copyright registration will disclose your work is usually more fanciful than real, assuming you take several routine self-protection steps described in Chapter 5, Section D.


3. Timely Registration Makes It Easier to Win Money in Court

The benefits discussed in Section 2 above are available whenever you register. However, if you register either before an infringement of your work begins or within three months of publishing the work, you'll become entitled to two additional benefits if you have to sue an infringer and prevail in the case:

  • the court can order the other side to pay your attorney fees and court costs, and
  • you may elect to have the court award statutory damages (special damages of up to $100,000 per infringement) without your having to establish what damage you actually suffered.

Details on how to fulfill the time limit requirements for registering a work are discussed in detail in Section C, below.

From a real-life standpoint the potential to recover attorney fees can determine whether you can afford to sue. In many copyright infringement cases, attorney fees exceed the potential benefits of winning the lawsuit. However, if your case is a strong one, the infringer has the apparent ability to pay and attorney fees can be collected because you promptly registered, a lawyer may well take your case for little or no money down and hope to collect from your opponent. ...


About The Author...

Attorney Stephen Fishman received his law degree from the University of Southern California in 1979. After stints in government and private practice, he became a full-time legal writer in 1983. He has helped write and edit over a dozen reference books for attorneys. He is the author of Software Development: A Legal Guide, The Copyright Handbook, Consultant & Independent Contractor Agreements and Hiring Independent Contractors: The Employee's Legal Guide.


Reviews

I recommend the book Copyright Your Software, by attorney Stephen Fishman. Read it before seeking a copyright lawyer.
-- Don Crabb
Chicago Sun-Times

If you think you have a hot program, at the very least invest in Copyright Your Software.
-- Associated Press

Copyright Your Software
Our price: $31.45

Catalog# 7192-2

 

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