Copyright From a Computer Perspective :: Copyright Art Protection Papers

Copyright From a Computer Perspective Copyright, is one of nine Muses that inspires authors in modern society during the creative process. Copyright is a category of intellectual property, and the main idea behind intellectual property is to encourage creation, by ensuring authors with recognition of original works as their own. Copyright protects original works of authorship fixed in any tangible medium of expression by giving authors exclusive right to copy, distribute, and to create derivative works. Copyright and art usually go hand to hand, almost anything that we can be copyrighted can be fit into an art category. For example, songs and novel figure into the art of writing, dances can be classified under performing arts, and paintings and sculptures are art works. So, how does software fit into copyright? Or does it fit at all? Software are computer programs, and society does not think of computer programs as art, or creative. So what does the law say about copyright and software? In addition to copyright rights specified, by statutes and constitution, common-law is also a source of copyright protection. Common-law is the body of law derived from judicial decisions and opinions1. So what does common-law copyright say about software? In order to answer these questions we are going to divide software into smaller elements and discuss how each of them is protected by copyright. For the purpose of this analysis, software will be divided into software, code and algorithms. Software refers to the product itself, code refers to the computer instructions, or program the software was created from, and algorithms refer to the algorithms used in the program. The process will address issues such as where copyright comes from, what the law is, some of the most important cases dealing with these laws, as well as th e issues surrounding them and the courts' decisions. Finally from this analysis, we will be able to derive to what extent does copyright actually protects software. The states where the first to provide copyright laws, until in 1790 the first Copyright Act became law. "An author may gain sole right and liberty of printing, reprinting, publishing and vending a map, chart, book, or books for fourteen years, ..." Wheaton V. Peters, involving two reporters of the Supreme Court, was the first landmark decision in 18342.