Guidelines for Copyrighting Software

Determining Registration Details When copyrighting software, it's essential to decide how much of your submission will consist of code versus screenshots. The Copyright Office treats source or object code and screen displays as integral parts of the same software application, requiring a single registration. However, since there's no specific category for 'computer software,' you must categorize it based on its predominant features:

• If your software is primarily text-based, classify it as a 'literary work.'
• If your software heavily incorporates visuals, classify it as a 'visual arts work.'
• If your software contains audio-visual elements like .avi files or streaming video, categorize it as a 'motion picture/audiovisual work' (which typically includes most video games).

Consider Pre-Registration Pre-registration offers protection for works still in development. Although it doesn't substitute registration, it enables developers to address infringements before the final release. This option is available not only for software but also for motion pictures, musical compositions, sound recordings, marketing photos, and forthcoming literary works. Key points about pre-registration include:

• Pre-registration occurs exclusively online. You provide a brief description (up to 2,000 characters) of the software and pay a fee via credit card or an established Copyright Office account (excluding actual code or program screens). For detailed instructions, visit http://www.copyright.gov/prereg/help.html#how_to.
• Upon processing, the Copyright Office notifies you via email, furnishing the submitted information, a pre-registration number, and the effective date. You can obtain a certified notification from the Certifications and Documents section.
• After pre-registration, you must complete registration within three months of publication or after becoming aware of copyright infringement. Failure to do so may result in case dismissal within the specified timeframe.

Registering with the Copyright Office

Submitting Your Work to the Copyright Office

• The processing duration of your submission depends on its volume and completeness. If you didn't submit electronically, expect communication from the Copyright Office only for additional information, registration certificates, or explanations for denial.

• Your copyright protects only the tangible expression or execution of the software, not its concepts, logic, algorithms, or user interface layout.
• Copyright coverage is limited to the registered software version; each new iteration must be separately registered with the Copyright Office.