Excel Application & Copyright Issues

[TheRobster]

If I create a spreadsheet application then by law do I automatically own the copyright for that spreadsheet without having to, for example, register it or patent it first?

I have a spreadsheet that I want to try and sell but want to know what I could do if someone hacked the passwords on it and simply changed my name (e.g. in the splash screen) to their name and then started selling it as their own application.

Legally can I do anything about this? Are they breaking copyright law?

Also if they just took all my ideas (without hacking the passwords) and basically just made a replica of my application and then sold their version, is this also an infringement of copyright and therefore also illegal?

Thanks
-Rob

[RobDog888]

Depending on where you live there should be a copyright website. Here in the US its http://copyright.gov/. Basically you need to submit an application and a copy of your code/program on CD with your application fee (this is for USA). They have a FAQ search page that should be similar no matter where you live.

[TheRobster]

I'm in the UK. Don't think we have anything similar to what you described in this country. There is a common myth that you can post a copy to yourself by recorded delivery and keep that as evidence that you had the code before a certain date and use this in a court of law. Legally it doesn't mean anything though.

[techgnome]

TheRobster - by definition, as the original creator, you own the copyright. There isn't anything that needs to be registered, just your simple declaration of Copyright YYYY is generaly enough. The method you have described is what's known as the "poor man's copyright" [del]and is perfectly legal and has been accepted (at leas by US courts), provided the package REMAINS in it's delivered SIGNED and SEALED state when brought into court. [/del] - see post below.

With patents, it's different. That simple method doesn't cut it any more it seems. But as for copyrights, it should be sufficient.

I've got a project that I'm finishing up that I'll be using this method with. More so for baselining with the client than actual copyright reasons. I'll make up a package that contains all of the code, screenshots, all the requirement specifications, drawing, database diagrams and definitons, and anything else related to the project (but the data). Everything gets printed out, and burned onto a CD. I make enough copies to give one to the client, one to any other project members (where it makes sense, not *everyone* gets a package - usualy the proj manager will tho) and keep two for myself, one which remains open, and one that will get delivered back to me, via registered mail, signature required, return receipt. -as a side thought, I wonder if it would be better to send it to a disinterested thrid-party.... I'll have to check.


-tg

[techgnome]

For more info on this process: http://www.copyrightauthority.com/poor-mans-copyright/

Contains some info I didn't know.

-tg

[zaza]

As far as I am aware, the rights you have over ideas are somewhat dependent on the idea itself. I don't think generally that you can lay claim to a particular idea in itself - that would effectively give you a monopoly over it and stop anybody else from even competing. However, if somebody else wants to compete they have to write their own code to do it!
From what I know of such things, patents apply to inventions whereas Copyright applies to text etc. So for computer code, you'd copyright it. This only protects the code itself - algorithms etc and probably the exact method by which your code works - but not the final result of the code.
So, for example, if you wrote code to turn all the text in a spreadsheet blue, you could protect the method by which you did that by copyrighting the code, but you couldn't stop somebody else independantly writing their own code to turn text blue in order to compete with you.

Or so I believe, at any rate. I am prepared to be wrong.

zaza

[techgnome]

zaza - that's a different issue all together.... what TheRobster is worried about is some one (to use your example) taking that blue text macro (let's say it's called BlueText), copying, changing the name to MakeTextBlue, and then selling it and marketing it AS THEIR OWN.

But yes, an idea is just that and cannot be copyrighted - even says so right on the http://www.copyright.gov/ website (this thread got me to thinking and I did a little bit of goolging). But computer applications can be copyrighted. And parts of an application (but not the app itself) can even be patented. And according to the US Copyright Office website, it's as simple as filling the form, afixing the copyright to the code, printing out the first 25 and last 25 pages of the code (unless it's less than 25 pages, in which you submit the whole thing) twice (in not so typical government fasion, the only want two copies, not in triplicate) and including a check (or money order I think) for $30.

After some of the things I've read, I'm now leary at using the Poor-Man's Copyright, and since it is only 30 bucks, I can't see a reason to not register the code (or what ever else). I might still use the PMC for baselining with the client though.

-tg

[JCScoobyRS]

Although this would be hard to track or even prove, I would think that if you had proper documentation stating that this was your IP and that no one else could use/modify without your concent, usually paying you is enough, then you should be able to take this to court to seek compensation. That being said, I am not a lawyer. I think all involved have given good advice so hopefully this helps.

Take care,
Jeremy

[zaza]

Also if they just took all my ideas (without hacking the passwords) and basically just made a replica of my application and then sold their version, is this also an infringement of copyright and therefore also illegal?

This is the part I was referring to...

[techgnome]

aaah.... I misread that the first time....

In that case, it would be tough. You would have to prove they got the idea from you, as opposed to parallel, coincidental development. If they steal specific parts of the code, which in this case they would have, then you'ld have an advantage, but you still need to prove that you wrote the code.

-tg

[TheRobster]

aaah.... I misread that the first time....

In that case, it would be tough. You would have to prove they got the idea from you, as opposed to parallel, coincidental development. If they steal specific parts of the code, which in this case they would have, then you'ld have an advantage, but you still need to prove that you wrote the code.

-tg

The software is the result of nearly 4 years of intensive research in a relatively new field so I think it's unlikely someone else would just happen to stumble upon doing things the same way that I've done them.

I can't copyright the underlying principles though...it's an engineering package and so the algorythms are based on the laws of physics, which I don't believe I can copyright!

Thanks for the information though guys. I feel more confident about the code now. I don't think someone could either hack it or directly copy it and try and pass it off as their own work.