The first computer software was developed in 1948, accredited to Tom Kilburn and his colleagues at the University of Manchester. However, the true rise in computer software usage came with the rise of personal computers in the 1970s and 1980s. Namely, Apple and IBM released accessible computers and software applications for everyday users during these decades. This is to say that computer software was relatively uncharted territory in the mid-to-late 20th century. This means that the United States Copyright Law was not amended to include a Computer Software Copyright Act until 1980. With all that being said, please read on to discover more about the Computer Software Copyright Act of 1980 and how a seasoned New Jersey copyright lawyer at The Ingber Law Firm can help you apply it to your business.
What should I know about the Computer Software Copyright Act of 1980?
While the original United States Copyright Law protected literary, musical, dramatic, and artistic works, it did not specifically address software. Since this software is found to have equally creative elements as functional ones, the need for explicit copyright protections for software creators soon became more and more evident. And so, the Computer Software Copyright Act of 1980 was born.
For one, this amendment to the copyright law added a definition for a “computer program.” This definition states that a computer program is a set of statements or instructions that a computer’s central processing unit directly or indirectly uses to perform a specific task and subsequently bring about a certain result. From here, this Act protects a computer program’s structure, sequence, and organization. In turn, it restricts how copies can be made, distributed, and modified. In other words, this gives software creators the authority to control who can copy and use their original programs, and in what manner.
What does this computer software amendment not cover?
It is worth mentioning that the Computer Software Copyright Act of 1980 may not grant software creators complete control over their work. That is, some potential exceptions read as follows:
- You likely cannot claim copyright infringement if a competitor develops software with a similar idea or function as yours but that uses a different code.
- You likely cannot be protected by copyright if a competitor develops software with similar functionality or processes (i.e., this may fall under patent law).
- You likely cannot control if a competitor participates in limited copying of your software, especially for educational or research purposes (i.e., this may be protected by fair use).
At The Ingber Law Firm, we share the same goal as you, which is likely to stay in line with all the enforced federal intellectual property laws. So please do not hesitate to work with a competent Essex County, New Jersey intellectual property lawyer from our firm today.
