

			Copyright Law

	Disclaimer:  To the best of our knowledge the following
information is correct.  If you have a real need for legal copyright
guidance we strongly urge you to contact a lawyer who has experience
in this field.  The law continues to evolve and in the end it will be
the courts which decide exactly how the laws are interpretted.

What is a copyright?

	A copyright is the legal right to copy, duplicate and
distribute a work of authorship.  The Copyright Law defines
several type of "works of authorship" but for our purposes we will
be primarily concerned with literary works, including computer
programs, and visual works.  It is very important to understand
that a copyright only protects a particular expression but does
not protect any ideas or algorithms embodied in the work.  Section
102(b) of the Copyright Law explains it this way: "In no case does
copyright protection ...  extend to any idea, procedure, process,
system, method of operation, concept, principle or discovery,
regardless of the form in which it is described, explained,
illustrated, or embodied in such a work."

What rights does my copyright give me?

	Your copyright gives you the exclusive rights to control
the copying of your work.  Further this right extends to any
derivatives works create from you work.  You are entitled to
prevent others from duplicating your work or creating derivative
works based on your work.  A "derivative work" is any work that
is substantially derived from the original.  The definition of
"substantial" will, of course, be determine by the courts.  It
has been made quite clear that a translation from one language
to another is considered a derivative work hence the original
copyright owners also owns the copyright on the translated work.
This applies equally to prose translated from German to English
and code ported from Pascal to C.

	The 1980 amendment to the Copyright Act makes it clear
that the copyright on software also extends to the object code.
While this is obviously necessary for software copyrights to have
any effect whatsoever it is worth noting that the rationalization
behind this is that a compiler simply acts as an automated translator
for the code.

	The 1980 amendment also spells out the rights of software
users.  User have the right to make backup copies of thier software
for archival purposes without infringing on the copyright holder's
rights.  Users also have the right to modify and/or copy the software
provided it is an essential step in the utilization of the software.

	In the case of unauthorized copying you are entitled to
recover damages from the infringing party.  These rights are treated
like property and may be sold, licensed, or given away.

How to I get a copyright?

	Your copyright on a work exists from the moment you create
the work.  Although you are not require to put a copyright notice
on your work it is recommended.  If at some point you have to sue
to protect your copyright having a notice on your work will prevent
the defendant from claiming he didn't know the work was protected.
A copyright notice is always of the form:

	Copyright 1993 Stephen B. Coy

	The word "Copyright" may be replaced by the abbreviation
"Copr." or the letter "C" in a circle.  The c-in-a-circle symbol
must be a true circle, parenthesis are not legally valid.

Do I need to register my copyright?

	No, but in case of a legal battle you would be much better
off if you did.  Without a registration you can only sue for actual
damages which are often hard to assess and even harder to prove in
court.  With registration you can choose to sue for statutory
damages up to $20,000 without having to prove actual damages.  You
can also collect to cover lawyer's fees for your court case.  The
registration may also act as proof of your ownership of the work.

How do I register my copyright?

	To register a work with the Copyright Office you need to
fill out Form TX and send it in along with a 2 copies of your work
and the $20 registration fee.  You can get Form TX by either writing
the Copyright Office or calling the Forms Hotline, (202)707-9100.
The address for the Copyright Office is:

	Copyright Office
	Library of Congress
	Washington, D.C.  20559



____________________

Much of the above information was found in "The Professional
Programmer's Software Copyright Handbook" by Joel B Gilman.




Stephen Coy                     Compuserve: 70413,136
Vivid Software                  Internet: coy@plato.ds.boeing.com
15205 NE 13th Pl. #2904
Bellevue, WA  98007
(206)641-8615


