Why You Should Copyright Your Software
The most important legal protection available to software publishers is federal copyright law. Here's how to make it work for you.
Many software authors don't take advantage of the protections offered by federal copyright law, and risk finding themselves virtually at the mercy of infringers -- all because they don't send in a simple registration form as soon as the software is published. Since registration is so easy, costs only $30 per work and provides significant benefits, it's one of the great insurance deals of all time.
Registration Allows You to Sue Infringers
Even if you don't put that little © on your work, you automatically get a copyright the instant your software becomes fixed in a tangible medium. Theoretically, this means that you own the copyright, and no one may copy, distribute, display, or make adaptations of the work without your permission. So far, so good.
The problem comes if someone infringes on your copyright. Then, suddenly, the protection is no longer automatic. To stop the infringement, it's up to you to file a lawsuit in federal court and to convince the judge to order the other party to stop the infringement and compensate you for your losses. But you can't file a lawsuit unless you have registered the copyright with the U.S. Copyright Office.
You may be thinking, "Big deal -- I'll register if and when someone infringes on my software and I need to file a lawsuit." But if an infringement occurs, you'll want to register in a hurry so you can file your suit -- and "expedited registration" costs several hundred dollars extra.
Registration Gets You Statutory Damages
There is another -- even more compelling -- reason to register, and as soon as possible after the software is published. If you register the work before the infringement begins or within three months of the date the work is published, you may be entitled to recover standard damages from the infringer, in addition to your actual damages:
- your attorney fees and court costs, and
- "statutory damages" -- special damages of up to $100,000 per infringement -- without having to establish what damage you actually suffered.
This is important because it is often hard to show exactly how much monetary damage a copyright infringement has caused. So even if you can prove infringement, you may not be able to show very much in the way of actual damages. And federal lawsuits usually cost a hellish amount of money in lawyer fees and litigation costs. This means that you might end up spending $50,000 on legal fees but recover only $40,000 in actual damages. In other words, relying on the recovery of actual damages creates a substantial risk that you will lose money bringing the suit.
Early registration can actually help keep you out of court. An infringer who knows that you could recover substantial statutory damages in court may be more willing to negotiate and settle out of court.
Page 1 of 2
Next Page
Copyright 2006 Nolo
