Copyright or Not?

We have been asked the following question numerous times “Do I need to register my program’s copyright?” In the United States, software products owned by American and foreign authors are protected under the law (in theory). No publication or registration or other action in the Copyright Office is required to secure copyright. However, can you effectively protect your program without a copyright registration? The answer is NO. When it comes to pursuing software piracy in the US, a registration though the US copyright office is a must.

If you contact people who stole your software, the first thing they will ask you is: “What is your copyright number?” Because they (their attorney) know if you do not have a registered copyright, you can not file a lawsuit against them. Hence they know there is nothing you can do to them and they will ignore you. In the mean time, no copyright attorneys will take your case if you do not have registered US copyright for your product, for the same reason.

Copyright infringement remedies:

Internet related laws are still in their infancy. Specific laws regarding software being sold as shareware do not exist. But the basic is the same in every country's law - Software Piracy is a crime. The protection and the remedies are different from country to country. The following are a few examples.

In the United States of America:

Anyone found to have willfully infringed a copyrighted work may be liable for statutory damages from $750 to $150,000 for each work infringed. Additionally, the copyright holder can be awarded all his/her legal fees. For more information, please visit: www.copyright.gov.

In China

Anyone who commits copyright infringement shall bear civil liability. Remedies include but limited to: ceasing the infringing act, eliminating the effects of the act, paying damages. No specific amount of fine is indicated. And if the act constitutes a crime, the infringer shall be prosecuted for his/her criminal liability. For more information, please visit: http://www.chinaiprlaw.com/english/laws/laws10.htm

In France:

Infringement of copyrights is a criminal offense in France. The fine is up to 300,000 EUR and a term of up to 3 years imprisonment.