www.FITT-for-Innovation.eu

1. Proof for Software Copyright
Preconstitute the Proof of your Ownership Rights
FITT
– Fostering Interregional Exchange in ICT Technology Transfer –
www.FITT-for-Innovation.eu
Except where otherwise noted, this work is licensed under a Creative Commons Attribution 3.0 License.

2. Case : proof for software copyright
 This case is related to the process „Protection‟ of the IP. It clarifies the interest and the
steps of software registration at IDDN (Integrated Digital Data Network), which the
researchers may not be familiar with. The objective is to assert the ownership rights on a
computer program, in case of copyright infringement for instance.
 The case is generic, the process described can be used by any technology transfer
officers.
2 | 05.01.2009
Partner Logo
April 2011 Name / Event
Preconstitute the Proof of your Ownership Rights

3. What is software copyright?
 Copyright applies to any creation of the mind : literary (books, newspapers, website,
software…), work of art (painting, sculpture, photography.. ), musical or audiovisual. Software
copyright protects the computer program itself, not the concept or ideas behind this program.
The copyright protects the expression of a specific program, including the shaping of the idea/
features.
 Copyright law gives the author of a program (or his employer, if this program was created as
part of his activity) control over the use of this program. To run, copy, modify or distribute the
program requires the permission of the rights owner, with a few exceptions.
 The protection by copyright is automatic and instantaneous and requires no formality.
To claim protection by copyright for a given software, a person must prove that
he is truly the creator of this software.
This case gives information on the way(s) to provide such evidence.
3 | 05.01.2009
Partner Logo
April 2011 Name / Event
Preconstitute the Proof of your Ownership Rights

4. How to create the proof of authorship?
Establishing authorship can be made by :
 Send to yourself a letter describing the invention, folded on itself by regular mail → not suitable for
software (the source code often requires several pages, while the documents should be indissociable)
 Deposit the invention in a notary office → can be reluctant because of the risk of data loss depending on
storage conditions
 Resort to national procedures, such as SOLEAU envelope in France or i-DEPOT in Belgium and
Luxembourg → see websites for further information. Beware: SOLEAU envelopes allow a maximum of 7-
pages paper sheets with a maximum of 5mm thickness, without hard element such as CDs.
 These processes are not custom-made for computer programs.
It is also possible to resort to specific organizations, specialized in software:
 IDDN register
 Agency for the Protection of Programs (APP)
 Logitas
 This case focuses on the APP process, most commonly used in french organisations.
4 | 05.01.2009
Partner Logo
April 2011 Name / Event
Preconstitute the Proof of your Ownership Rights

5. In our case : registration to the APP
 What provides a software registration to the APP?
 A proof : it establishes precisely the date of creation, the author(s) and rights owner(s)
of a computer program. If someone contests the owner‟s rights, the registration can
be used against the accusation. The probative value of referencement and deposit
has been recognized by juridical decisions.
 Another advantage: the registration to the APP allows the organisation to list all the
software produced by the researchers for an inventory purpose.
 A commercial argument : via the source code deposit, a licensee can have direct
access to the source code of a program (higher security in case of default of the
software‟s providers)
5 | 05.01.2009
Partner Logo
April 2011 Name / Event
Preconstitute the Proof of your Ownership Rights

6. Conditions for registration
 What can you register ?
 software (source code, object code) and title
 preparatory documents (including specifications)
 user manual,
 embedded multimedia elements (audio, text, picture)
 interfaces (graphical or data)
 database
 internet site.
 When can you register ?
 At the end of the development and after every major releases by a simple update
 When defining the specifications with a view to creating (even several years after)
 The date of reference is the date of filing
6 | 05.01.2009
Partner Logo
April 2011 Name / Event
Preconstitute the Proof of your Ownership Rights

7. Referencement and deposit at the APP
1/ Deposit - A deposit allows an access right to the source code in some cases
defined in a contract (provide access to sources for users of the program in case of
default of the provider)
 Download and fill the files “Inscription to IDDN register – Request for
referencement Affidavit »
 Join two copies of your work on CD-ROM, DVD...
 These copies are put in sealed “logibox”. One is kept by APP and one is sent to
the right holder. The APP knows how to keep it safe.
 Following the deposit, a certificate attributing an IDDN number is delivered to the
right holder.
 This certificate includes a filing date.
2/ Referencement - In this case, you send only one copy of your work which will be
returned to the right holder for storage with a register certificate. There is a risk of data
loss depending on storage conditions. No possible access to the source code.
7 | 05.01.2009
Partner Logo
April 2011 Name / Event
Preconstitute the Proof of your Ownership Rights

8. File “Inscription to IDDN register” :
important points (1)
You must specify the name of all the
copyright holders
8 | 05.01.2009
Partner Logo
April 2011 Name / Event
Preconstitute the Proof of your Ownership Rights

9. File “Inscription to IDDN register” :
important points (2)
You have to indicate if your work is :
 A primary work (every component is
original)
 A composite work (incorporate few pre-
existing work)
 A derivative work (based on a pre-existing
work)
9 | 05.01.2009
Partner Logo
April 2011 Name / Event
Preconstitute the Proof of your Ownership Rights

10. Suggested Readings
 Links to glossary:
Code, copyright, intellectual property, intellectual property rights, invention, inventor, protection,
software
 Link to related websites
 Directive 2009/24/EC of the European Parliament and of the Council on the legal protection of
computer programs (23 April 2009) :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32009L0024:EN:NOT
 Agency for the Protection of Programs :
http://app.legalis.net/
 Logitas :
http://www.logitas.com
 IDDN :
http://www.iddn.org/
10 | 05.01.2009
Partner Logo
April 2011 Name / Event
Preconstitute the Proof of your Ownership Rights