Web & Software Development
A Legal Guide

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by Stephen Fishman
Quality Paperback & CD (Windows/Mac), 575 pages, 7 x 9 inches
Publisher: Nolo; ISBN: 141330087-1; ©2004, 2002, '97, 94; Pub date: July 2004
Catalog# 0087-2
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This book pictured at left and the description below is of SOFTWARE DEVELOPMENT: A Legal Guide (previous edition). We will have a new description of the new edition here very soon.

If you are in the software industry you know that it is vital to understand the complex rules surrounding software protection and development. This book helps you make sense of everything--from patent, copyright, trademark and trade secret law to software development contracts and employment agreements. This book/disk package is an up-to-date and comprehensive reference for software programmers, developers, authors and publishers.

Software Development: A Legal Guide covers...

When to use copyright, trademark, trade secret or patent protection The strengths and limitations of each type of protection How to avoid infringement What you need to know about software patents What key provisions to include when drafting an agreement Step-by-step instructions for drafting:     Employment agreements     Agreements with independent contractors and consultants     Software publishing agreements     Agreements for the development of custom software When and how to obtain permission to use material in multimedia projects

Each contract and agreement covered in the book is conveniently provided on the enclosed CD disk which for Windows, Macintosh, and DOS. Each document is in both plain text and RTF formats for easy customization with your word processor software.

Also, several Copyright Office application forms are provided in PDF format for printing and then filling in by hand or typewriter.

-- Table Of Contents --

1--How to Use This Book How This Book is Organized 1/2 Which Parts of the Book You Should Read 1/2 Using the Forms Disk 1/4 Putting the Agreement Together 1/11 2--Introduction to Intellectual Property What Is Intellectual Property? 2/2 Using Intellectual Property Laws to Protect Software 2/2 Implementing an Intellectual Property Plan 2/6 3--Copyright Basics Why Have a Copyright Law 3/2 What is a Copyright 3/2 What Can Be Protected by Copyright 3/3 Three Prerequisites for Copyright Protection 3/6 Limitations on Copyright Protection 3/8 Copyright Ownership and Transfer of Ownership 3/9 Copyright Duration 3/9 Copyright Infringement 3/10 Copyright Formalities 3/12 Masks Used to Manufacture Computer Chips 3/13 4--Copyright Registration and Notice Part I. Copyright Registration What is Copyright Registration? 4/4 Why Register? 4/5 When to Register 4/8 Who May Register 4/9 Registering All the Elements of a Single Software Package 4/11 Registering New Versions and Other Derivative Works 4/15 Selecting the Appropriate Registration Form 4/17 How to Fill Out Forms TX and PA 4/19 Complying With Copyright Deposit Requirements 4/36 Mailing Your Application to the Copyright Office 4/45 Expedited Registration 4/46 Dealing with the Copyright Office 4/48 What the Copyright Office Does With Deposits 4/51 Library of Congress Deposit Requirement 4/52 Corrections and Changes After Registration Is Completed (Supplemental Registration) 4/53 Part II. Software Copyright Notice Why Use a Copyright Notice? 4/56 When to Place a Copyright Notice on Software 4/58 Form of Notice 4/60 Notice on Compilations and Derivative Works 4/65 Where to Place Copyright Notice 4/68 Other Information Near Notice 4/70 5--Software Copyright Infringement Part I. Avoiding Copyright Infringement Things You Should Never Do 5/3 Things You May Be Able to Do 5/8 Protecting Against Infringement Claims 5/25 What to Do if You're Accused of Copyright Infringement 5/29 Part II. Suing Others for Copyright Infringement What is Software Copyright Infringement? 5/33 How to Know Whether You Have a Valid Infringement Claim 5/33 Self-Help Remedies for Copyright Infringement 5/38 Nuts and Bolts of Infringement Lawsuits 5/43 What You Can Get If You Win: Remedies for Copyright Infringement 5/45 6--Trade Secret Basics What is a Trade Secret? 6/2 Trade Secret Owner's Rights 6/6 Enforcement of Trade Secrets 6/9 Limitations on Trade Secret Protection 6/15 Using Trade Secrets With Other IP Protections 6/17 Avoiding Trade Secret Misappropriation Claims 6/18 7--Establishing a Trade Secret Protection Program Can You Keep a Secret? 7/2 Identifying Your Trade Secrets 7/2 Basic Trade Secret Protection Program 7/3 Advanced Trade Secret Protection Program 7/20 8--Software Patents Patent Basics 8/2 Patents for Software 8/9 9-- Trademarks and Software What Are Trademarks and Service Marks? 9/2 Trademark Ownership 9/4 Selecting a Trademark 9/5 Federal Trademark Registration 9/8 Trademark Notice 9/10 Trademark Searches 9/11 Enforcing Trademark Rights 9/16 Trade Dress Protection 9/18 Trademarks and the Internet 9/19 10--International Software Protection Copyright Protection 10/2 Trade Secret Protection 10/20 Patent Protection 10/21 Trademark Protection 10/23 Strategies to Prevent International Software Piracy 10/24 11--Software Ownership Copyright Ownership 11/2 Trade Secret and Patent Ownership 11/21 Transferring Software Ownership and Use Rights 11/23 12--Computer Databases Types of Computer Databases 12/2 Copyright Protection for Computer Databases 12/3 Using Contracts to Protect Databases 12/11 13--Multimedia Programs Introduction 13/3 When to Obtain Permission to Use Material in a Multimedia Project 13/5 Works That Are in the Public Domain 13/7 The "Fair Use" Exception to Copyrighted Works 13/17 Obtaining Permission to Use Copyrighted Materials 13/20 Privacy and Publicity Problems 13/33 Multimedia License Agreements 13/38 Copyright Notice and Registration for Multimedia Works 13/41 14--Employment Agreements Part I. Employer's Guide to Drafting Employment Agreements Why Use Employment Agreements? 14/3 Who Should Sign? 14/3 When New Employees Should Sign 14/4 Agreements With Current Employees 14/4 Selecting Employment Agreements You Need 14/5 Employment Agreement for Nontechnical Employees 14/5 Employment Agreement for Technical Employees 14/11 Part II. Employment Agreements From the Employee's Viewpoint Confidentiality of Trade Secrets 14/29 Intellectual Property Ownership 14/30 Post-Employment Restrictions on Competition 14/31 15--Consulting Agreements Part I. Hiring Independent Contractors Introduction 15/2 Benefits and Drawbacks of Using Independent Contractors 15/3 Which Workers Qualify as Independent Contractors 15/5 Independent Contractor Agreement Favorable to Hiring Firm 15/9 Part II. Working As an Independent Contractor Benefits and Drawbacks of Working As an Independent Contractor 15/25 Consulting Agreement Favorable to Independent Contractor 15/26 16--Software Licenses What Is a License? 16/2 Why Use Licenses to Sell Software? 16/4 Types of Software Licenses 16/10 How Licenses Are Formed 16/11 Licenses for Mass-Marketed Software 16/13 Negotiated License Agreements 16/24 17--Software Development Agreements Introduction 17/2 Contents of Custom Software Development Contracts 17/4 18--Help Beyond This Book Further Information on Intellectual Property Law 18/2 Further Information on Software Contracts 18/10 Finding a Lawyer 18/11

If you want maximum legal protection for you software... or have specific questions... or want a general education in "software law"... or need a specific contract to use... then this book is for you.

Some excerpts from the book...

From Chapter 4 "Don't neglect the important step of preparing nondisclosure agreements. Using nondisclosure agreements consistently is the single most important element of any trade secret protection program." From Chapter 11 "Under a source code escrow agreement, the developer gives a copy of the source code and documentation to a neutral third party for safekeeping. The third party will release the source code to the customer only upon the occurrence of specified conditions, such as the developer's bankruptcy or failure to maintain the software. This keeps the developer's source code confidential while, in theory, assuring the customer access to it should it become necessary." From Chapter 12 "Obviously, the question of how, and how much, the publisher will pay you is of primary concern. Despite what a publisher may tell you, royalty amounts are almost always negotiable--at least within reasonable limits. This tends to be true even when a publisher has a take-it-or-leave-it attitude toward the rest of the terms in the contract. "There are a variety of ways a publisher may compensate a software author, each with its good and bad points. Let's look at the most commonly used compensation schemes. ..." From Chapter 13 "Absent consent, you can never use another person's copyrighted material in such a way as to impair, or even potentially impair, the market for his or her work. Thus, if you want to use an author's protected expression in a work that is similar to the author's work and aimed at the same market, your intended use isn't a 'fair use'."

What others say about Software Development: A Legal Guide...

"An amazing book! A must for anyone in the software business or for anyone thinking of getting into the software business. Answers nearly every legal question you can imagine and some you would have never thought of. Highest recommendation!" --John C. Dvorak P.C. Magazine "This book passes my own personal test for legal guides--that it be easily readable by people who detest lawyers--and passes it with higher marks than any other legal guide I've come across. Better still, it's about our industry alone, and doesn't boggle me with advice about protecting my country-western song." --Jeff Duntemann editor, PC TECHNIQUES Magazine "This is simply the best organized and most detailed collection of legal agreements and advice for writers and software programmers I have seen. Get this book...it will save you hours of costly legal advice." --Mitchell Waite CEO and Publisher Waite Group Press "With rapidly advancing technology, the issues of intellectual property law are getting more and more complex every day. This book is an excellent guide and resource for software developers and the companies who hire them." --Bob Kohn V.P. & General Counsel, Borland International, Inc. "Here is a timely education into the basic legal issues that should be understood by every programmer, designer and manager. At last, in one book, you can read all about ... intellectual property, employment and contracts." --Bill Slade Senior Research Engineer EDS Research

About The Author

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 is the author of Copyright Your Software and The Copyright Handbook. He also helped with the writing and editing or more than a dozen reference books for attorneys.

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Catalog# 0871-2