300-18
323
Derivative computer programs. (cont'd)
323.01
Registerability of a derivative computer program. (cont'd)
Examples:
1)
A derivative program would be registrable where a substantial new program code has been added to a previously published program to enable it to accomplish additional functions.
2)
A student-programmer translates a previously published program from COBOL to FORTRAN [both are source-code programming languages.] The resulting translation would represent a copyrightable derivative work.
3)
A previously published program is adapted to run on a different model or brand of computer. The Office will question the nature and extent of the adaptation to determine registrability. If the changes were functionally predetermined, registration will be refused.
4)
An applicant files two applications for the same program: one specifically for the source code and the other for the object code. Since the object code version does not contain copyrightable differences, there is no basis for a separate registration for the object code. The Office will communicate with the applicant suggesting a single registration for the computer program.
324
Deposit for registration: identifying material. Where a computer program is fixed or published only in the form of machine-readable copies, the deposit for registration purposes shall consist of one copy of identifying portions of the program, reproduced in a form visually perceptible without the aid of a machine or device, either on paper or in microform. For these purposes,
[1984]
