Does copyright also apply to software?
September 14, 2023 | 30,00 EUR | answered by Alice Falk
Dear lawyer,
I have a question regarding copyright in relation to software. I work as a freelance software developer and have recently developed a new program that I would like to bring to market. I have heard that software can also be protected by copyright, but I am unsure if my program actually falls under this protection.
My situation is as follows: I have independently developed the program without using any existing software or code. It is an innovative solution that I have designed and programmed over a long period of time.
My concern now is that my software could be copied or used by others without my consent. I want to ensure that my intellectual work is protected and that I am recognized as the author.
So my question to you is: Does copyright also apply to software, and how can I best protect my program? Are there specific measures I need to take to ensure that my software is protected from unauthorized use?
I would greatly appreciate your assessment and possible solutions in this matter.
Sincerely,
Erika Kroll
Dear Mrs. Kroll,
Thank you for your inquiry regarding copyright in relation to software development. I am pleased that you are considering how to protect your intellectual work to ensure that you are recognized as the author and that it is not used without authorization by others.
First of all, I can confirm that software can generally be protected by copyright. According to § 69a of the Copyright Act, this applies to "works of literature, science and art." Software is considered a "computer program" in this sense and is therefore covered by copyright protection.
In your case, where you have independently developed the program and have not used any existing software or code, it is very likely that your program is protected as a standalone work. Copyright protection arises automatically with the creation of the work, meaning you do not have to take any specific formal steps to protect your program. However, it is advisable to document your software and possibly note the date of completion in order to prove that you are the author of the work in case of a legal dispute.
To ensure that your software is protected from unauthorized use, I recommend strengthening your rights as the author by, for example, inserting a copyright notice in the source code or user interface of the program. This can alert potential users that the program is protected by copyright and cannot be used without your permission.
Furthermore, you may consider registering your software with the German Patent and Trademark Office or the European Intellectual Property Office. This will provide additional protection for your work and allow you to take legal action in case of a copyright infringement.
Overall, you can rest assured that your software is protected as intellectual property and that you will be recognized as the author. If you have any further questions or concerns, please do not hesitate to contact me.
Sincerely,
Alice Falk
Copyright Attorney
