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US Copyright Protection Plan

 

Who should use it, and how does it work?

Anyone who has created software (or paid employees or contractors to do it) and wishes to protect their copyright interest should take the following steps, because it is extremely useful to have hard evidence showing first possession if prosecuting infringers or defending against claimants alleging infringement by you.

STEP 1 - Copyright Notices

Places copyright notices as conspicuously and frequently as practical in the software itself, at a minimum on the opening screen and on the face of the physical media if any.

         The form of the notice is         © Copyright Reserved, Your Name 20XX

         The date is the year in which the software was created. If it took more than a single year then the form should be          20XX

STEP 2 - OFFICIAL REGISTRATION

Register the name (and in some cases a sample) of the software with the Copyright Office. A simple form which can be obtained from the Copyright Office is filled in and a small filing fee is involved. If you have any doubts, your lawyer can help.

STEP 3 - COPY OF SOURCE WITH SUPPORTING AFFIDAVIT

Prepare a copy of both source and object code on a CD, diskette or DAT and if it is convenient (ie. not too bulky) produce a hard copy of the source listing.

Complete the affidavit provided in triplicate and have it sworn by a lawyer or notary public. Place one original along with the software, give one to your lawyer and keep one yourself.

Seal the materials into an envelope or other appropriate container and sign along the flap, with date, and cover the flap and signature with clear packing tape.

STEP 4 - STORAGE

If your lawyer agrees to hold the sealed container then give it to him or her along with a letter stating that it is to be returned on demand by you, your duly appointed agent or your estate.

If you wish to keep the container yourself, then send it to yourself by registered post. Be sure that the Post Office places a legible date stamp on the container. When you receive it DO NOT OPEN IT AT ANY TIME UNTIL YOU GET ADVICE FROM YOUR LAWYER. STORE IT IN A SAFETY DEPOSIT BOX UNTIL NEEDED OR DISPOSED OF

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