Software law

In the 27 European Union Member States, computer programs are protected by copyright as literary works within the meaning of the Berne Convention for the Protection of Literary and Artistic Works [1]. The term "computer program" shall include programs in any form, including those which are incorporated into hardware. The term "computer program" also include preparatory design work leading to the development of a computer program provided that the nature of the preparatory work is such that a computer program can result from it at a later stage (Directive 2009/24/EC of 23 April 2024 on the legal protection of computer programs).

The Directive excludes from the protection scope "ideas and principles which underlie any element of a program, including those which underlie its interfaces". These ideas and principles are not protected by copyright under the Directive [2].

Presumption of authorship

Author works do not need to be registered to be granted copyright protection. However, copyright registration with a trusted third party offers a solid proof of creation date and of the work's paternity (ownership).

Until proved otherwise, authorship of a work shall be presumed to be vested in the person whose name, presented as being that of the author, is featured on copies of the work, or whose authorship is referred to on a copy of the work by way of a statement, label or other mark [3].

This presumption of authorship or ownership is better achieved if you can track and document the process of creation. Lodging with a trusted third party versions of your work as they evolve will prove that you are the creator of the work that bears your name.

My©Box is an online copyright registration, protection and legal assistance service provided by MAS LEGAL.This service allows software creators to:

• obtain a proof of the work's creation date.
• benefit from a presumption of authorship of a higher rank than just affixing their name on the work.

With My©Box, your copyright deposit is remitted to a public ministerial officer (Notary). An electronic timestamp is applied to the deposit, which constitutes a tamper-proof of anteriority, creation date, and paternity.

Restricted acts

The following acts needs permission by the rightholder (Article 4 of the Directive):

• the permanent or temporary reproduction of a computer program by any means and in any form, in part or in whole; in so far as loading, displaying, running, transmission or storage of the computer program necessitates such reproduction;
• the translation, adaptation, arrangement and any other alteration of a computer program and the reproduction of the results thereof, without prejudice to the rights of the person who alters the program;
• any form of distribution to the public, including the rental, of the original computer program or of copies thereof.

Not asking for permission will result in infringement of the software owner's rights.

Sanctions

In most EU countries, copyright violation of software is punished by criminal sanctions [4]. Discussions in the UK regarding the introduction of criminal offences for infringement of intellectual property rights are on-going and are subject to a controversial debate.

In all EU countries, courts remedy copyright infringement with injunctions, the destruction of infringing products, and the award of damages.

Note 1 - Under the article 52-1 of the European Patent Convention, computer programs are not regarded as inventions for the purpose of granting European patents. This exclusion only applies to computer programs as such. However, software is patentable when it is included in a larger invention and to the extent that it provides a technical contribution to the prior art.

Note 2 – Directive 2009/24/EC, Paragraph 11

Note 3 – Article 5 of the Directive 2004/48/EC on the enforcement of intellectual property rights

Note 4 - In France, the penalties for copyright infringement (article L. 335-2 of the Intellectual property code) range from a maximum of €300,000 fines to 3 years of imprisonment.