A computer program is considered published when copies of the program are distributed "to the public by sale or other transfer of ownership, or by rental, lease, or lending" or when copies of the program are offered "to a group of persons for purposes of further distribution, public performance, or public display." 17 U.S.C. § 101 (definition of "publication"). As a general rule, a program is considered published if there has been a general distribution of the program code, regardless of whether the copies are distributed by purchase or license and regardless of whether the copies are distributed on a CD-ROM, DVD, or downloaded online. Likewise, a program is considered published even if the copies contained object code rather than source code and even if the source code has not been disclosed to the public. See Midway Manufacturing Co. v. Strohon, 564 F. Supp. 741, 751 [N.D. 111. 1983] ("the object code is nothing other than a direct transformation of a computer program, composed... in source code"].
When completing an online application, the applicant should provide the date of first publication on the Publication/Completion screen. When completing a paper application the applicant should provide this information on space 3(b] of Form TX. For guidance on completing this portion of the application, see Chapter 600, Section 612.
For a general discussion of publication and for specific guidance on determining whether a particular work has been published, see Chapter 1900.
721.9(F) Asserting a Claim to Copyright in a Computer Program
The applicant should identify the copyrightable authorship that the applicant intends to register and should assert a claim to copyright in that authorship. The information provided in the application defines the claim that is being registered, rather than the information given in the deposit copy(ies) or elsewhere in the registration materials.
When completing an online application, the applicant should provide this information on the Author screen in the field marked Author Created. When completing a paper application, the applicant should provide this information on space 2 of the application under the heading Nature of Authorship. For guidance on completing this portion of the application, see Chapter 600, Section 618.4.
"Computer program" is the most appropriate term for registering a claim in this type of work. If this term does not fully describe the copyrightable material that the applicant intends to register, the applicant should provide a more specific description in the Author Created/Other field using the procedure described in Chapter 600, Section 618.4(A]. For a representative list of other terms that may be acceptable, see Section 721.9(H).
"Revised computer program" is the most appropriate term for registering a claim in a derivative computer program. If this term does not fully describe the copyrightable material that the applicant intends to register, the applicant should provide a more specific description using the procedures described in Chapter 600, Section 621.8(C)(1) and 621.8(C)(2). For a representative list of other terms that may be acceptable, see Section 721.9(H).
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