In the UK it appears the test of access plus similarity still holds a lot of weight. A simple test of over-borrowing was enough in Ibcos v Barclays. It must be remembered, however, that any infringement will still be assessed under the traditional substantial parts test from conventional copyright, after the work to be protected had been found.
A non-practising solicitor, Nicola is also a fully qualified journalist. For the past 20 years, she has worked as a legal journalist, editor and author. Copyright — Protection for Software How can software be protected? What sort of protection does copyright afford? Copyright prevents others from: copying your work; distributing copies of it, whether free of charge or for sale; renting or lending copies of your work; performing, showing or playing your work in public; making an adaptation of your work; putting it on the internet.
Non-literal copying Non-literal copying is a form of copying that does not include the wholesale lifting of one program into another. How do the courts approach this? Your copyright deposit establishes a date certain of creation of your software, which will establish priority of copyright.
And because this deposit serves as incontestable proof of copyright because it is unalterable by anyone. That's what makes it so important; the deposit of your software serves as an official witness of your right to your software creation and all of its design elements. When you file for copyright protection for your software, that protection is valid for life and beyond. When you deposit your software for copyright protection , your work is in hands of officers with a legal obligation to retain books and all other deposits in a way that makes them incontestable in a legal proceeding.
And your protection reaches well beyond the United Kingdom. Hide this message. Home Business and self-employed Patents, trade marks, copyright and designs. How copyright protects your work.
Overview Copyright protects your work and stops others from using it without your permission. How copyright protects your work Copyright prevents people from: copying your work distributing copies of it, whether free of charge or for sale renting or lending copies of your work performing, showing or playing your work in public making an adaptation of your work putting it on the internet Copyright overseas Your work could be protected by copyright in other countries through international agreements, for example the Berne Convention.
View a printable version of the whole guide. Related content Intellectual property and your work Using somebody else's intellectual property. World Programming for more information on this concept. However, actual copying, for example in the case of source code copying, is not tolerated since this is explicitly protected by copyright. For practical reasons, database copyrights would not be infringed if a person with the legal right to use part or all of a database performs steps necessary to use or access the contents of the database.
Also, accessing a database for the purposes of private study or non-commercial research does not infringe copyright in a database. Though this issue may not often arise in technology-related copyright disputes, moral rights are additional rights over and above the economic rights typically protected by copyright law. One reason moral rights might be important for developers is that the moral right to attribution gives the developer the right to be named as the author of the software program, even though it is not common industry practice to do so.
Find more information about moral rights here. It is our hope that this information has been helpful for UK software designers and developers. Though this is only introductory information, and should not be substituted for legal counsel in the event of specific questions or disputes, education about copyright law issues and other IP issues helps to empower software designers and developers to make sure their works are fully protected.
Just the things you can actually use. Everything TypeScript, with code walkthroughs and examples. And other printed books. About The Author Kimberly Bond is an intellectual property attorney and writer with over a decade of experience. Email Newsletter Your smashing email.
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