[comp.lang.pascal] Copyrighting software

popkin@osric.cs.odu.edu (Brian N. Popkin) (05/08/91)

I have currently written a turbo pascal v6.0 program that I want to
copyright.. how should I go about this???

also is there any problems with this, becuase I used some turbo units
and functions, like dos, crt that are already copyrighted in my program??

Thank,

Brian

*-----------------------------------------------------------------------------*
*  Brian Popkin - Computer Science Major - Systems Programing                 *
*  Old Dominion University - Norfolk, Virginia USA                            *
*									      *
*  Others Areas Of Interest: Artificial Intelligence, Expert Systems,         *
*                            Networks, And Telecommunications                 *
*                                        				      *
*  Email Address: popkin@cs.odu.ede - popkin@xanth.cs.odu.edu                 *
*-----------------------------------------------------------------------------*

jfr@locus.com (Jon Rosen) (05/10/91)

In article <1991May8.150708.29420@cs.odu.edu> popkin@osric.cs.odu.edu (Brian N. Popkin) writes:
>
>I have currently written a turbo pascal v6.0 program that I want to
>copyright.. how should I go about this???
>
>also is there any problems with this, becuase I used some turbo units
>and functions, like dos, crt that are already copyrighted in my program??
>

First of all, if you properly include a copyright notice in your program
you should know that it is already considered copyrighted in the common
law copyright sense.  This means that you have, as of the date of your
copyright and publication (i.e., printing or display), declared the code
to be your property from that day forward.
 
However, as of the copyright law of 1976 (and its subsequent revisions),
common law copyright no longer has much use in enforcing your rights.
In order to enforce a copyright (i.e., win damages in a lawsuit for an
infringement), you must REGISTER the copyright.  This, as it happens,
is a relatively trivial process, however.  You must get a hold of a
U.S. Copyright form (contact the Federal Gov't information office in
your area or call the Office of U.S. Patents, Trademarks and Copyrights
in Washington DC), fill it out, mail it in with the appropriate amount
of dollars (I think somewhere between $50 and $100 these days) along
with a copy of your program.
 
Whoa, just a minute there, pardnuh... I don't want anyone else to
see my code (I hear you cry... :-)
 
Of course not. However, remember that copyright is protection of
PUBLISHED information so you must publish something in order to
copyright it.  This issue was brought to the attention of the
Copyright folks years ago and they came up with an interesting
solution. All you have to do to copyright a software program is
include some pages (I believe 5 from the front and 5 from the
back) of the listing of the program.  Of course, what you do here
is make sure that the first five and last five pages are mostly
irrelevent comments and maybe declarations of variables so that
the important parts of your program are not visible.
 
In addition, if you program has any important visual information
such as screen displays, reports, etc., that you want protected
as part of the "look" of the program, you need to send photos
or printouts of those too.  
 
Ultimately, once you have registered your copyright, you are
fully protected from any subsequent infringement as well as
any prior infringement dating back to the date of the common
law copyright, but you can only collect damages that are
measurable from the date of registration.  This is important
to understand if you want to enforce your copyright.  The
fact that your registration is late does NOT keep you from
filing a lawsuit, but you can only collect money from the
portion of the infringement that occurs after the actual
registration is completed.  If the infringer stops selling
the copy of your program prior to when you register, you may
get a verdict in your favor but you will get $zip in damages.
So register early if you really think there is a need.
If not, just rely on the common law copyright until you detect
a possible infringement.  Then register and collect from that
day forth.
 
Also, one more point in this long soliloquy... Enforcing your
copyright ain't easy... If the copier is doing a "real" copy,
i.e., just taking your disk and physically duplicating it,
you shouldn't have to bad a time.  However, if you want to
try an enforce "look and feel" copying, as we all know from
watching the big guys like Microsoft and Apple wallow in the
muck (as well as Ashton-Tate and FoxBase), its pretty mucky
down there.  Get a good lawyer and have a lot of money.
 
As for problems with incorporating other code that is already
copyrighted, there should be no problem if the license for
that code permits its incorporation within other code.  I
am positive that Borland's license does this.  (Pause...)
In fact I just pulled out a copy of my Turbo C (this is an
older version from about 2 years ago but I doubt it has been
changed very much) and it says:
 
 "...Programs that you write and compile using the Turbo C
  language compiler may be used, given away or sold without
  additional license or fees.  You are not required to indicate
  that your programs were developed using Turbo C or that they
  contain source code provided with Borland language products
  (toolkits)."
 
It goes on to EXCLUDE the use of the sample programs (like
MicroCalc) that are provided as educational examples of what
you can do with Turbo products, but permits you to use misc.
routines that are found in the exmamples "...as long as your
resulting programs do not substantially duplicate all or part
of a sample program in appearance or functionality."  This is
interesting since if you built a spreadsheet product from 
Turbo C or Pascal that you wrote yourself (not copying MicroCalc),
you might have a problem here, but I doubt it.
 
All in all, this means that object code may be distributed
without concern for Borland's copyright (and I believe that 
the code would be copyrightable in total)... You can NOT
distribute and copyright for yourself any of their SOURCE
code (for instance if you acquire rights to their Turbo C
run-time or one of the toolkits like the Editor or Database
toolbox).
 
Good luck!
 
Jon Rosen

dahosek@biivax.dp.beckman.com (05/11/91)

In article <24272@dice.la.locus.com>, jfr@locus.com (Jon Rosen) writes:
> In article <1991May8.150708.29420@cs.odu.edu> popkin@osric.cs.odu.edu (Brian N. Popkin) writes:

>>I have currently written a turbo pascal v6.0 program that I want to
>>copyright.. how should I go about this???

>>also is there any problems with this, becuase I used some turbo units
>>and functions, like dos, crt that are already copyrighted in my program??


> First of all, if you properly include a copyright notice in your program
> you should know that it is already considered copyrighted in the common
> law copyright sense.  This means that you have, as of the date of your
> copyright and publication (i.e., printing or display), declared the code
> to be your property from that day forward.

Actually under the most recent Geneva copyright convention, the
notice isn't actually required. However, for maximum
international protection, the notice
 Copyright <year> <copyright-holder>
should appear. (c) has no legal status and circled-C is only
valid in those countries which also subscribe to the
abovementioned copyright convention.
  
> However, as of the copyright law of 1976 (and its subsequent revisions),
> common law copyright no longer has much use in enforcing your rights.
> In order to enforce a copyright (i.e., win damages in a lawsuit for an
> infringement), you must REGISTER the copyright.  This, as it happens,
> is a relatively trivial process, however.  You must get a hold of a
> U.S. Copyright form (contact the Federal Gov't information office in
> your area or call the Office of U.S. Patents, Trademarks and Copyrights
> in Washington DC), fill it out, mail it in with the appropriate amount
> of dollars (I think somewhere between $50 and $100 these days) along
> with a copy of your program.

Bzzt. Almost right. Registration of the copyright is ONLY
necessary to file a suit. Furthermore, the registration may take
place AFTER the infringement, but before the suit is filed. i.e.,
if Mr. Rosen were to start selling copies of this note (just
because it doesn't carry a notice doesn't mean that it's not
copyrighted) that I'm writing, I could register it tomorrow and
file a case against him after the registration is completed. 

Note, however, that US courts do not allow punitive damages in
copyright infringement cases, only actual damages, so I would
have to demonstrate that he actually caused me to lose money by
such a publication of this note to collect any money. At best, I
could keep him from further publication.

Also, putting a copyright notice in a prominent place on the work
will help your case should you feel the need to litigate since
the defendent would not be able to claim ignorance of the
copyright.

For those of you looking for legal backing of this, the case
_Salinger vs. Random House_ involved many of these points. The
documents in question, incidentally, were publicly available
nonpublished letters in the collections of a University library.

Incidentally, the license agreement that I have on my relatively
new Borland software has as a condition that any software written
using their compilers and distributed bear a copyright notice, so
inclusion of a copyright notice in the case of, say a Turbo
Pascal program, is more a matter of fulfilling the Borland
license than anything involving copyright law.

-dh

-- 
Don Hosek // Quixote Digital Typography   714-625-0147
     dhosek@ymir.claremont.edu
On contract to Beckman Instruments        714-961-4562
     dahosek@beckman.com

rice@willow23.cray.com (Jonathan Rice) (05/11/91)

Mr. Rosen answered this query quite well.  I'll offer a few small corrections
and additions to his article.

In article <24272@dice.la.locus.com> jfr@locus.com (Jon Rosen) writes:
>In article <1991May8.150708.29420@cs.odu.edu> popkin@osric.cs.odu.edu (Brian N. Popkin) writes:
>>
>>I have currently written a turbo pascal v6.0 program that I want to
>>copyright.. how should I go about this???

>In order to enforce a copyright (i.e., win damages in a lawsuit for an
>infringement), you must REGISTER the copyright. 

Without registration you may still sue for actual damages.  You must register
to sue for "statutory damages" or to have the infringer pay your court costs
(assuming you win).  Statutory damages will often far exceed your actual
damages (e.g. lost sales).

>...call the Office of U.S. Patents, Trademarks and Copyrights
>in Washington DC),

Patents & Trademarks is one office; Copyrights is another.

          United States Copyright Office
          Library of Congress
          Washington D.C.

You need form "TX."

>[Don't want anyone to see code?]
> However, remember that copyright is protection of
>PUBLISHED information so you must publish something in order to
>copyright it.
>... All you have to do to copyright a software program is
>include some pages (I believe 5 from the front and 5 from the
>back) of the listing of the program.  Of course, what you do here
>is make sure that the first five and last five pages are mostly
>irrelevent comments...

First 25 and last 25 pages.

There's another strategy here that can be quite successful.  Copyright the
object code (yes, send in 50 pages of hex).  This requires you to file for
the copyright under the "Rule of Doubt."  This sounds scary, but all it means
is that the Copyright examiner can't look at 50 pages of hex and say "aha, it
is obvious to me that this is a work of original authorship qualifying under
the copyright law."  Some extra paperwork, but not hard.

Protect the source code as a Trade Secret.  If you are not a corporation,
just don't show it to anyone.

>In addition, if you program has any important visual information
>such as screen displays, reports, etc., that you want protected
>as part of the "look" of the program, you need to send photos
>or printouts of those too.  

Very rarely applicable -- form TX covers almost all software.  If you have a
program with a highly visual content, particularly if it's animated (e.g. a
video game) then you *might* have a stab at filing form PA with a videotape.
I wouldn't touch this, myself.

-- 
Jonathan C. Rice  |  Internet: rice@cray.com  |  UUCP: uunet!cray!rice

hoffmann@infopls.chi.il.us (Robert Hoffmann) (05/11/91)

popkin@osric.cs.odu.edu (Brian N. Popkin) writes:

> I have currently written a turbo pascal v6.0 program that I want to
> copyright.. how should I go about this???
> 
> also is there any problems with this, becuase I used some turbo units
> and functions, like dos, crt that are already copyrighted in my program??
 
Copyrighting a program is simple (enforcing it... that's another story).
Just insert in your source and output a line stating:
 
     Copyright 1991 Brian N. Popkin (for example)
 
And, in your source and output, to establish Borland's copyrights to the 
TP units, include this one:
 
     Some portions Copyright 1983, 1991 Borland International
 
(exact text is in the Borland No-nonsense License Agreement)
 
Rob
--------------------------
hoffmann@infopls.chi.il.us

Patrick_Devine@resbbs.UUCP (Patrick Devine) (05/13/91)

Actually, to truely copyright something, atleast in Canada, it has to have a
Government stamp on it.  An easy way to do this is seal a hard copy of the
program in a manilla envelope and mail it to yourself.  This way, it has a
postage stamp/seal on it and is considered copywritten until a time as to
when you open the envelope.  Remember to enclose a line in the program
stating the copywrite date.


-- Via DLG Pro v.95 Beta

------------------------------------------------------------------------------

[ Patrick_devine@resbbs.uucp     ]   My oppinion is not your oppinion,
because
[ vancouver_bc                   ]   it's mine, and I thought of it first.
------------------------------------------------------------------------------