johngordon
Technical User
Is it possible to copyright a program I created using Access? If so how does one supply the source code to the Copyright Office?
Thanks,
John
Thanks,
John
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Can I Copyright my program?
- Thread starter johngordon
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Billybonga
IS-IT--Management
Burn your database onto CD-ROM ./ FDD pop it into the post using registered mail. Post it to yourself.
Its a cheap and easy way to copyright something.
Never open the envelope - if you ever have to go to court you have a date stamped evidence as to when you had the databse .
Its a cheap and easy way to copyright something.
Never open the envelope - if you ever have to go to court you have a date stamped evidence as to when you had the databse .
ya, but in the same sense, I think he is asking now how, but is it legal to copyright a database that was created using microsoft access? ----------------------------------------
Fred Horton
Network Administrator
Sherwood Food Distributors
fhorton@sherwoodfoods.com
Fred Horton
Network Administrator
Sherwood Food Distributors
fhorton@sherwoodfoods.com
john,
I have to think it's legal in the same sense that MS copyrights Windows...They wrote much of it in C, the same way you write in Access.
I can't help you with the particulars of sending the sourcecode and I'm not even sure that's a requirement.
But that brings up an interesting point--if MS had to send their source for Windows to the government--with all the corruption and all that goes on there, sensitive fbi files being perused and leaked, you've got to think we'd be seeing that code on the internet due to some disgruntled government employee. Hell, that last guy that got caught spying for the Soviets gave up secrets far more sensitive for much less money than what I'm sure many companies and even individuals would pay for MS's Windows source.
--Jim
I have to think it's legal in the same sense that MS copyrights Windows...They wrote much of it in C, the same way you write in Access.
I can't help you with the particulars of sending the sourcecode and I'm not even sure that's a requirement.
But that brings up an interesting point--if MS had to send their source for Windows to the government--with all the corruption and all that goes on there, sensitive fbi files being perused and leaked, you've got to think we'd be seeing that code on the internet due to some disgruntled government employee. Hell, that last guy that got caught spying for the Soviets gave up secrets far more sensitive for much less money than what I'm sure many companies and even individuals would pay for MS's Windows source.
--Jim
John,
I think you'll find that the Design of a database is automatically copyrighted after the design is completed, in the same way that an artists painting is automatically copyrighted, or a photographers picture is automatically copyrighted after taking the picture - as long as you put your name on it and can identify that you were the originator. The fact that you use MS Access is no different than you using someones paints or brushes or someones camera.
So I have been advised!
AHG
I think you'll find that the Design of a database is automatically copyrighted after the design is completed, in the same way that an artists painting is automatically copyrighted, or a photographers picture is automatically copyrighted after taking the picture - as long as you put your name on it and can identify that you were the originator. The fact that you use MS Access is no different than you using someones paints or brushes or someones camera.
So I have been advised!
AHG
I believe the only requirement for copyrighting something (from a Word document to an Access database) is to place somewhere in plain view, a copyright notice. I recommend mailing yourself a copy and not opening it, as Billybonga mentioned, if you feel you might need to ever go to court to enforce the copyright.
Then of course the waters get muddied when someone copies your design, but uses, say, SpeedFerret to globally rename tables, fields, queries, variable names, etc. Now your logic has been stolen, but can you prove it?
What I have done (rarely because most of my work is owned by whomever is my client at the time), and it works quite well, is to put the code in a vb .dll. When you call the dll functions, you can pass the current Access object, then the vb dll can talk to all the db objects as if it were access basic code. Then some security on the Access objects themselves will thwart most hackers. Just a thought.
--Jim
What I have done (rarely because most of my work is owned by whomever is my client at the time), and it works quite well, is to put the code in a vb .dll. When you call the dll functions, you can pass the current Access object, then the vb dll can talk to all the db objects as if it were access basic code. Then some security on the Access objects themselves will thwart most hackers. Just a thought.
--Jim
Are these legal opinions? Seems to me that you and someone else write a database in Access that can be sold for a million dollars a copy and one of you mails a copy of the cd to yourself and the other submits it to wherever Microsoft submits its products to copyright them, the one going through the officail channels will get the copyright unless you can prove that they copied it. If you have something worth some serious money, talk to a lawyer who handles copyright stuff.
Of course this is not a legal opinion, but it's your intellectual property. How much is it worth?
Of course this is not a legal opinion, but it's your intellectual property. How much is it worth?
neillovell
Programmer
About mailing to yourself:
If you have a design and are submitting it to a company then yes - pop it in the post and have it posted to yourself. That's fine. If the company steals the idea then you have a way to claim.
If you want to COPYRIGHT however you MUST go through the patent office. After all, if you make a design and nobody sees it, and I come along a year later with a similar design how can I be accused of copyright infringement? How do I know you have a design at all?
That's the way to do it.
If you have a design and are submitting it to a company then yes - pop it in the post and have it posted to yourself. That's fine. If the company steals the idea then you have a way to claim.
If you want to COPYRIGHT however you MUST go through the patent office. After all, if you make a design and nobody sees it, and I come along a year later with a similar design how can I be accused of copyright infringement? How do I know you have a design at all?
That's the way to do it.
MichaelRed
Programmer
So, from my 'knee-jerk' reaction and the responses to date, I would summarize the situation as
Yes, but why bother.
It is quite unlikely that you can collect on infringement.
Another thought is that you would almost certainly end up using some non-original code (even if by accident), so even the attempt to copyright may be an infringement on someone else's rights?
Mere participation in an open forum (e.g. Tek-tips) would mean that you have likely 'reviewed' posts containing code snippets identical to something in 'your' app.
MichaelRed
m.red@att.net
There is never time to do it right but there is always time to do it over
Yes, but why bother.
It is quite unlikely that you can collect on infringement.
Another thought is that you would almost certainly end up using some non-original code (even if by accident), so even the attempt to copyright may be an infringement on someone else's rights?
Mere participation in an open forum (e.g. Tek-tips) would mean that you have likely 'reviewed' posts containing code snippets identical to something in 'your' app.
MichaelRed
m.red@att.net
There is never time to do it right but there is always time to do it over
petermeachem
Programmer
Also it depends on which country you are in.
In the UK you cannot copyright software, thank god.
You have the IP, that is a different thing.
Peter Meachem
peter @ accuflight.com
In the UK you cannot copyright software, thank god.
You have the IP, that is a different thing.
Peter Meachem
peter @ accuflight.com
MichaelRed
Programmer
TLady - a matter of 'opinion'? MichaelRed
m.red@att.net
There is never time to do it right but there is always time to do it over
m.red@att.net
There is never time to do it right but there is always time to do it over
WOW How did the world begin?
Posting the details and a copy of the file to yourself will give you Intelectualy rights, however how do you own the code? I dont think there is any real new ideas in the actual code however I believe you can take ownership of a new concept. If you are able to convince people that your idea has individuality. yes you can, But the real question is why and how effective can it be. If you spend the money copy righting in the US, does somone like your idea and create it in say Africia and then distribute it in the US. The biggest problem in IT is the people who rip off an idea and give it away at no personal gain. This sits outside the copyright laws. A good example of this is Napster. The only difference is napster didn't create the songs.
The Bill Gates vrs Internet explorer(can't remember his name) case is a good example. Bill gave the software away for free?
Once again How did the world Start?
The answer is WHO CARES! Live for now Distribute your Idea and make the best of it while you can. because copyright or not someone will rip it off in some way.
Posting the details and a copy of the file to yourself will give you Intelectualy rights, however how do you own the code? I dont think there is any real new ideas in the actual code however I believe you can take ownership of a new concept. If you are able to convince people that your idea has individuality. yes you can, But the real question is why and how effective can it be. If you spend the money copy righting in the US, does somone like your idea and create it in say Africia and then distribute it in the US. The biggest problem in IT is the people who rip off an idea and give it away at no personal gain. This sits outside the copyright laws. A good example of this is Napster. The only difference is napster didn't create the songs.
The Bill Gates vrs Internet explorer(can't remember his name) case is a good example. Bill gave the software away for free?
Once again How did the world Start?
The answer is WHO CARES! Live for now Distribute your Idea and make the best of it while you can. because copyright or not someone will rip it off in some way.
JohnYingling
Programmer
The US Patent Office does not handle Copyrights. The U.S. Copyright Office handles them. If you search Google for "US Copyright Office", the first hit does it for you.
The following are excepts from the FAQs at
COPYRIGHT REGISTRATION
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:
Registration establishes a public record of the copyright claim.
Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
Original Registration
To register a work, send the following three elements in the same envelope or package to:
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
A properly completed application form.
A nonrefundable filing fee of $30 for each application.
NOTE: Copyright Office fees are subject to change. For current fees, please check the Copyright Office Website at write the Copyright Office, or call (202) 707-3000.
A nonreturnable deposit of the work being registered. The deposit requirements vary in particular situations. The general requirements follow. Also note the information under "Special Deposit Requirements."
If the work was first published in the United States on or after January 1, 1978, two complete copies or phonorecords of the best edition.
If the work was first published in the United States before January 1, 1978, two complete copies or phonorecords of the work as first published.
If the work is an unpublished or published computer program, the deposit requirement is one visually perceptible copy in source code of the first 25 and last 25 pages of the program. For a program of fewer than 50 pages, the deposit is a copy of the entire program. For more information on computer program registration, including deposits for revised programs and provisions for trade secrets, request Circular 61, "Copyright Registration for Computer Programs."
If the work is in a CD-ROM format, the deposit requirement is one complete copy of the material, that is, the CD-ROM, the operating software, and any manual(s) accompanying it. If registration is sought for the computer program on the CD-ROM, the deposit should also include a printout of the first 25 and last 25 pages of source code for the program.
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The following are excepts from the FAQs at
COPYRIGHT REGISTRATION
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:
Registration establishes a public record of the copyright claim.
Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
Original Registration
To register a work, send the following three elements in the same envelope or package to:
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
A properly completed application form.
A nonrefundable filing fee of $30 for each application.
NOTE: Copyright Office fees are subject to change. For current fees, please check the Copyright Office Website at write the Copyright Office, or call (202) 707-3000.
A nonreturnable deposit of the work being registered. The deposit requirements vary in particular situations. The general requirements follow. Also note the information under "Special Deposit Requirements."
If the work was first published in the United States on or after January 1, 1978, two complete copies or phonorecords of the best edition.
If the work was first published in the United States before January 1, 1978, two complete copies or phonorecords of the work as first published.
If the work is an unpublished or published computer program, the deposit requirement is one visually perceptible copy in source code of the first 25 and last 25 pages of the program. For a program of fewer than 50 pages, the deposit is a copy of the entire program. For more information on computer program registration, including deposits for revised programs and provisions for trade secrets, request Circular 61, "Copyright Registration for Computer Programs."
If the work is in a CD-ROM format, the deposit requirement is one complete copy of the material, that is, the CD-ROM, the operating software, and any manual(s) accompanying it. If registration is sought for the computer program on the CD-ROM, the deposit should also include a printout of the first 25 and last 25 pages of source code for the program.
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Generate Sort Class in VB or VBScript
petermeachem
Programmer
I beg everyones pardon. I was thinking about patent, not copyright.
The uk position is explained in , an ecerpt from which appears below.
Copyright gives the creators of a wide range of material, such as literature, art, music, sound recordings, films and broadcasts, economic rights enabling them to control use of their material in a number of ways, such as by making copies, issuing copies to the public, performing in public, broadcasting and use on-line. It also gives moral rights to be identified as the creator of certain kinds of material, and to object to distortion or mutilation of it. (Material protected by copyright is termed a "work".)
However, copyright does not protect ideas, or such things as names or titles.
The purpose of copyright is to allow creators to gain economic rewards for their efforts and so encourage future creativity and the development of new material which benefits us all. Copyright material is usually the result of creative skill and/or significant labour and/or investment, and without protection, it would often be very easy for others to exploit material without paying the creator.
Most uses of copyright material therefore require permission from the copyright owner. However there are exceptions to copyright, so that some minor uses may not infringe copyright.
Copyright protection is automatic as soon as there is a record in any form of the material that has been created, and there is no official registration or form or fee. But creators can take certain steps to help prove that material is theirs.
Peter Meachem
peter @ accuflight.com
The uk position is explained in , an ecerpt from which appears below.
Copyright gives the creators of a wide range of material, such as literature, art, music, sound recordings, films and broadcasts, economic rights enabling them to control use of their material in a number of ways, such as by making copies, issuing copies to the public, performing in public, broadcasting and use on-line. It also gives moral rights to be identified as the creator of certain kinds of material, and to object to distortion or mutilation of it. (Material protected by copyright is termed a "work".)
However, copyright does not protect ideas, or such things as names or titles.
The purpose of copyright is to allow creators to gain economic rewards for their efforts and so encourage future creativity and the development of new material which benefits us all. Copyright material is usually the result of creative skill and/or significant labour and/or investment, and without protection, it would often be very easy for others to exploit material without paying the creator.
Most uses of copyright material therefore require permission from the copyright owner. However there are exceptions to copyright, so that some minor uses may not infringe copyright.
Copyright protection is automatic as soon as there is a record in any form of the material that has been created, and there is no official registration or form or fee. But creators can take certain steps to help prove that material is theirs.
Peter Meachem
peter @ accuflight.com
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