• Was the program fixed or published in a CD-ROM?
• Is the program a derivative computer program?
• Does the source code for the program contain trade secret material?
• Has the applicant asserted a claim in the screen displays generated by the program?
• Has the applicant asserted a claim in the user manual or other documentation for the program?
These topics are discussed in Sections 1509.1(C)(2) through 1509.1(C)(8) below.
1509.1(C)(1) Source Code
To register a claim in a computer program that is not fixed in CD-ROM, the applicant should submit an identifying portion of the source code for the specific version of the program that the applicant intends to register, regardless of whether the program is published or unpublished and regardless of whether the program is fixed in a semiconductor chip, a magnetic tape or disk, or any other storage media. The source code should be submitted either on paper or in an electronic file in a form that is perceptible to the human eye without the aid of a machine or device. See 37 C.F.R. § 202.20(c)(2)(vii).
The applicant may submit the entire source code for the computer program, or in the alternative, the applicant may submit representative portions of the source code. The amount of code that is required varies depending on whether the work is a derivative computer program or whether the program contains trade secret material. These issues are discussed in Sections 1509.1(C)(2) through 1509.1(C)(4) below.
In all cases, applicants should add the title and version number of the program to the first page of the code. This helps the Registration Program determine whether the version described in the application matches the version shown in the identifying material. To help staff determine whether a sufficient amount of code has been submitted, applicants may insert page numbers on each page of source code where applicable.
The applicant does not need to provide the total number of lines of source code that appear in the program. However, if there are inconsistencies in the identifying material, such as missing page numbers or gaps between the line numbers for the source code, a member of the Registration Program may communicate with the applicant to determine whether the deposit is complete.
See H.R. Rep. No. 94-1476, at 153 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5769 (authorizing the Register of Copyrights to "allow or require deposit of print-outs of computer programs under certain circumstances"); see also Registration of Claims to Copyright Deposit Requirements for Computer Programs Containing Trade Secrets and for Computer Screen Displays, 54 Fed. Reg. 13,173, 13,174-75 (Mar. 31, 1989).
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