Legal Question in Intellectual Property in Massachusetts

Re: copyrightability of source code

Source code is copyrightable. The copyright belongs to the author/creator. If the creator is an employee -- not an independent contractor -- then the company is the author. The copyright exists from creation, but it is advisable to register the copyright. The Copyright Office has a publication which discusses registration of the copyright for source code. It can be found at http://www.copyright.gov/circs/circ61.pdf.

There are many issues which affect registration, ownership, and enforceability of a copyright. You should consult competent attorney experienced in copyright matters.

Re: copyrightability of source code

Bizarre as it sounds, source code has been included in the definition of "literary work" and given the same extremely-long term of protection as books, novels, and other things more properly thought of in that category. Because remedies for infringement are much better if registration occurs before infringement, you should make it a habit to register source code whenever you complete a project and any major revision (as a "derivative work").

Best wishes,

LDWG