NCJ Number
47242
Journal
LAW AND COMPUTER TECHNOLOGY Volume: 11 Issue: 1 Dated: (1ST QUARTER 1978) Pages: 2-27
Date Published
1978
Length
26 pages
Annotation
SPECIAL LEGAL PROTECTION FOR COMPUTER PROGRAMS AND RELATED DOCUMENTATION IS SET FORTH IN MODEL PROVISIONS DEVELOPED WITH A VIEW TO FACILITATING THE ACCESS OF DEVELOPING COUNTRIES TO INFORMATION ON COMPUTER SOFTWARE.
Abstract
THE HISTORY OF THE PROVISIONS, WHICH WERE DEVELOPED BY THE INTERNATIONAL BUREAU OF THE WORLD INTELLECTUAL PROPERTY ORGANIZATION, IS OUTLINED, AND REASONS FOR AFFORDING SPECIAL PROTECTIONS TO COMPUTER SOFTWARE ARE ENUMERATED. PATENTS, COPYRIGHTS, AND OTHER FORMATS THAT CAN PROVIDE MEANS FOR PROTECTING COMPUTER SOFTWARE ARE DISCUSSED. ARGUMENTS FOR AND AGAINST A MANDATORY REQUIREMENT THAT ALL SOFTWARE BE REGISTERED WITH A NATIONAL AUTHORITY ARE CONSIDERED. THE MODEL PROVISIONS ESSENTIALLY ADOPT A COPYRIGHT LAW APPROACH AND DO NOT MAKE THE PROTECTION OF SOFTWARE DEPENDENT UPON ITS DEPOSIT OR REGISTRATION WITH A CENTRAL AUTHORITY OR UPON COMPLIANCE WITH OTHER FORMALITIES. THE PROVISIONS ARE SET FORTH IN NINE SECTIONS: (1) DEFINITION OF PROTECTED SUBJECT MATTER AND RELATED TERMINOLOGY; (2) THE QUESTION OF TO WHOM COMPUTER SOFTWARE RIGHTS BELONG, PARTICULARLY IN CASES WHERE THE SOFTWARE IS CREATED BY AN EMPLOYEE, AND REGULATION OF THE TRANSFER AND DEVOLUTION OF SOFTWARE RIGHTS; (3) DEFINITION OF THE REQUIREMENT OF ORIGINALITY; (4) CLARIFICATION OF THE IDEA THAT CONCEPTS, AS OPPOSED TO THE FORM IN WHICH THEY ARE EXPRESSED, ARE OUTSIDE THE PROTECTION OF THE LAW; (5) LIST OF ACTS COVERED BY THE RIGHTS OF THE SOFTWARE PROPRIETOR (UNAUTHORIZED DISCLOSURE, ACCESS, COPYING, USE, SALE, ETC.); (6) DEFINITION OF INFRINGEMENT AND SPECIFICATION OF INSTANCES THAT DO NOT CONSTITUTE INFRINGEMENT; (7) REGULATION OF THE DURATION OF RIGHTS; (8) RELIEF IN CASES OF INFRINGEMENT; AND (9) STATEMENT THAT PROTECTION ON THE BASIS OF OTHER PROVISIONS IS NOT EXCLUDED BY ENACTMENT OF THE MODEL PROVISIONS. A LIST OF ORGANIZATIONS AND INDIVIDUALS WHO PARTICIPATED IN THE DEVELOPMENT OF THE MODEL PROVISIONS IS INCLUDED. (LKM)