Philosophy of Computer Science: Online Resources

Position Paper #4 Supplement:

Copyright and Patent

Here is a lengthy excerpt from a definition of 'copyright' in an informational brochure published by the US Copyright Office:

Copyright is a form of protection provided by the laws of the United States [Title 17, U.S.Code] to the authors of "original works of authorship" that are fixed in a tangible form of expression. An original work of authorship is a work that is independently created by a human author and possesses at least some minimal degree of creativity. A work is "fixed" when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. …

What Works Are Protected?

Examples of copyrightable works include

• Literary works
• Musical works, including any accompanying words
• Dramatic works, including any accompanying music
• Pantomimes and choreographic works
• Pictorial, graphic, and sculptural works
• Motion pictures and other audiovisual works
• Sound recordings, which are works that result from the fixation of a series of musical, spoken, or other sounds
• Architectural works

These categories should be viewed broadly for the purpose of registering your work. For example, computer programs … can be registered as "literary works"; …

What Are the Rights of a Copyright Owner?

Copyright provides the owner of copyright with the exclusive right to

• Reproduce the work in copies or phonorecords …
• Prepare derivative works based upon the work
• Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending \item Perform the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a motion picture or other audiovisual work
• Display the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a pictorial, graphic, or sculptural work. This right also applies to the individual images of a motion picture or other audiovisual work.
• Perform the work publicly by means of a digital audio transmission if the work is a sound recording …

What Is Not Protected by Copyright?

Copyright does not protect

• Ideas, procedures, methods, systems, processes, concepts, principles, or discoveries
• Works that are not fixed in a tangible form (such as a choreographic work that has not been notated or recorded or an improvisational speech that has not been written down)
• Titles, names, short phrases, and slogans
• Familiar symbols or designs
• Mere variations of typographic ornamentation, lettering, or coloring
• Mere listings of ingredients or contents

(From "Copyright Basics", September 2017)

And here is a definition of 'patent' from the website of the US Patent and Trademark Office:

What is a Patent?

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. … The right conferred by the patent grant is, in the language of the statute and of the grant itself, [The relevant laws are the US Constitution, Article I, §8; and various laws cited at "Consolidated Patent Laws"] "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. …

There are three types of patents:

1. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
2. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
3. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

(From: "What kind of patent do you need?")

On the website for utility patents, we find this:

Specification

The specification is a written description of the invention …. For inventions involving computer programming, computer program listings may be submitted as part of the specification …. (From "Nonprovisional (Utility) Patent Application Filing Guide")