Copyright Infringement and Software Code
Copyright infringement involving software code occurs when someone uses, distributes, or modifies copyrighted software without permission from the copyright holder. Here's a comprehensive overview of the key aspects related to software copyright infringement:
What is Software Copyright?
Software copyright is the legal protection that grants exclusive rights to software creators to use, distribute, and modify their code. This protection is automatic upon creation of the code and typically lasts for the author's lifetime plus 70 years.
Proving Software Ownership
To establish a copyright infringement case, you must prove that the software is:
- Independently produced: Not copied from others.
- Fixed in a tangible medium: Stored on a computer, cloud, or other medium.
- Product of creativity: Contains a minimal level of creativity, which might not apply to databases.
Proving Access and Infringement
To prove infringement, you need to show that the alleged infringer had access to your software and that there is substantial similarity between your work and theirs. This can be challenging if the software is not publicly available.
Legal Actions for Infringement
If you suspect infringement, you can:
- Issue a Cease-and-Desist Letter: Request the infringer to stop using your code.
- File a Lawsuit: Consult an attorney to sue for damages, which can include actual losses, profits earned by the infringer, and statutory damages.
Protecting Your Code
To prevent infringement, use:
- Licensing: Control access and use of your software.
- Security Measures: Protect your code from unauthorized access.
Calculating Damages
Damages for infringement can include:
- Actual Losses: Revenue lost due to infringement.
- Infringer's Profits: Profits made by the infringer from using your code.
- Statutory Damages: Ranging from $750 to $30,000 per infringed work.
🔴 Immediate Actions (Today or ASAP)
- Document Your Software Code: Gather all original files, source code, creation dates, and any development notes or version histories that prove you created the software.
- Identify the Infringement: Collect evidence showing the alleged infringing software, including screenshots, copies of the code, download links, or any public postings.
- Preserve Evidence: Save all communications, postings, or distributions related to the infringing software. Avoid deleting or altering any files.
- Send a Cease-and-Desist Letter: Draft and send a formal letter to the infringer demanding they stop using or distributing your code immediately. Use certified mail or email with read receipt to confirm delivery.
🟡 Short-Term Steps (This Week)
- Consult a Copyright Attorney: Find a lawyer experienced in intellectual property and software to review your case and advise on next steps.
- Register Your Copyright (If Not Done): Although copyright exists automatically, registering with the U.S. Copyright Office strengthens your case and allows for statutory damages.
- Review Licensing Agreements: Check any licenses you have for your software to confirm your rights and restrictions.
- Communicate Professionally: Keep all your communication with the infringer polite but firm. Example: "We have identified unauthorized use of our copyrighted software. Please cease all use and distribution immediately to avoid legal action."
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Consider Legal Action: If the infringer does not comply, work with your attorney to file a lawsuit seeking damages and an injunction to stop further infringement.
- Enhance Software Protection: Implement licensing controls, encryption, or access restrictions to prevent future unauthorized use.
- Monitor for Further Infringement: Regularly check online platforms and marketplaces for unauthorized copies of your software.
- Educate Your Team: Train your developers and staff on copyright basics and best practices to protect your intellectual property.
Your Legal Rights
- Exclusive Rights: As the creator, you have the exclusive legal right to reproduce, distribute, modify, and publicly display your software.
- Automatic Protection: Copyright protection applies automatically once your code is fixed in a tangible form (saved or recorded).
- Right to Sue: You can sue for actual damages, infringer's profits, and statutory damages ranging from $750 to $30,000 per work, or up to $150,000 for willful infringement.
- Right to Register: Registering your copyright with the U.S. Copyright Office before infringement or within 3 months of publication strengthens your legal case.
Where to Get Help
- U.S. Copyright Office: Visit copyright.gov to register your software and find resources.
- Legal Aid and Pro Bono Services: Contact local or state bar associations for referrals to free or low-cost intellectual property lawyers.
- Intellectual Property Law Firms: Search for attorneys specializing in software copyright infringement.
- Online Legal Services: Platforms like LegalZoom or Avvo can provide document templates and lawyer consultations.
- Consumer Protection Agencies: While they may not handle copyright, they can guide you on related issues.
Become a member
Join legal professionals, students, and researchers working together to create a comprehensive, open-source legal encyclopedia.
Sign Up