Copyrights protect authors who create original writings, music, and works of art, regardless of whether the works are published. Copyrights only protect physical works and do not protect the ideas behind the works.
Copyrightable material includes software code, artistic works, such as books, commercial labels, technical information brochures or bulletins, written articles on technical and non-technical subjects, poetry, cartoons, motion pictures, recordings, musical compositions, painting, sculptures, photographs, plays, etc
Software code can be copyrighted to protect the code as it is written. Although this provides protection against copying, it does not bar independently created works or works using a completely different programming. Therefore, if the Cybersensor code was copyrighted, and someone independently writes a program to perform the identical process, this would not be protected under your copyright.
While a copyright notice is not required, it informs the public that the work is protected. A copyright notice has three elements:
For example, © 2010 Parker Intellectual Property Law Offices, PLC
All literature and websites should be marked with a Copyright notice and critical documents and software should be registered.
Protection automatically starts when the work is created without the need for any registration. That means the right to reproduce, perform, display, distribute or create derivative works are solely the authors unless the rights are licensed or sold.
While works do not neen be registered with the federal government, it mustbe registered before a copyright infringement action can be brought. Additionally, registration of the copyright establishes the right to statutory damages for infringement.
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.