Copyright headaches.

[mehdi]

Hi. Let's suppose that you've made a FREE software.
For any reason, the copyright to the software is not registered .
However the website related to the soft is quite "popular", and the software is mentionned from times to times by well-konwn magazines and distributed on CDs.
Name of the author is clearly mentioned on the software.
Despites the fact that the copyright is not registered, there should be legally no problem to provide the proof, that you are the "copyright holder" isn't it ?

I ask this because i've recieved a contract with a society (they are interested to use the soft in "some way", and this makes me free advertisement) . Roughly what's the contract says:
1)In consideration for the sum of £1 (receipt of which is hereby acknowledged) . I grant "to the society" a non-exclusive, perpetual, royalty free licence to distribute the software.
2)I warrant that I own all copyright and other intellectual property rights
3)I must indemnifie from and against any damages, costs claims or expenses suffered or incurred by "the society" as a consequence of any breach of the warranties

I'm a bit scared by the third proposition.... Any reason to worry ?
The story of £1, is not very clear...

Also, I've put on my website and on my soft the notice "copyright 2004-2005". Even if I didn't register anything. Is it wise ?

Any advice, or quick solution? Should i absolutely register ? Also, how i should perform a copyright registration is not really clear for me. (what about benedict.com ? a bit expensive ... )
I must return the contract ASAP .
Thanks

[Forthy]

OK, I haven't read it properly AND I might have a small amount of alcohol in my blood stream ;), but I'll have a bash.

Basically, they're buying you out of your software for a whole pound. BUT if it breaks you're the one to blame.

Moral of story =

DON'T SIGN ANYTHING UNTIL YOUR SOLICITOR HAS VIEWED IT!!

As for the copyright, I seem to remember reading somewhere that all you have to do to legally copyright something is add the copyright mark and year to it smewhere. Registering is just a formality, but obviously worth doing if copyright-age is going to become a formality. Have no idea how it al works though.

Over to the next drunk guy...

[Alan]

What a bunch of b'stards. Paragraph 3 requirement is utterly appalling. If you look at the copyright notice on any professional software you will find that their obligation to the purchaser or user is virtually zero, yet this crowd want you to sign an open ended liability for a £1. I know that it is only for your warranty as to title etc. but the slightest problem and bang! You're to blame. Give them nothing!
Why don't you google open source software, you may find something there.
As for copyright, you only need assert that something is your work and demonstrate that it is your work and that's it. Marking it as "copyright Joe Bloggs, 2005" is always a good idea otherwise someone might be able to blag it and keep it as their own.

[conan]

The best way to copywright your work is very cheap and does not need to be registered. Simply mail 2 copies of you surce code, one to yourself and one to a trusted other person with recorded delivery. Don't open the packages, keep them in a safe place (this is why at least 2 copies). Should anybody ever dispute your copywright, then when it comes to a court case you can produce your unopened, dated and signed copy. This would normally be opened in front of witnesses in court. It is then up to the other party to prove that they generated this source code before the date of your package. If they cannot do this then you have won/defended your case.

[mehdi]

To answer to Fothy:

they're buying you out of your software for a whole pound
Sorry, but i didn't understand that. A non-exclusive licence, means that someone else has the right to distribute it. (me included :D )
A sollicitor.... :p that's a bit much for me. Perhaps when i'll have my own society ... ;)

alcohol... maybe what i'm missing .... :)

To answer to Alan:
but the slightest problem and bang! You're to blame. Give them nothing!
i don't see which problem should accour. And i won't renounce to such wonderfull free advertisement. The only problem is maybe about copyright. Maybe someone can stole the copyright ? ( my name is clearly mentionned on the soft , and it's not easy to alter it)

Just a remark. My soft is not open source. Me only have the code.

To answer to conon.
Why not use magazine? If it mentionned by an old magazine that is my soft this should be ok.

I probably worry for no reason. But i just find terms used by the contract a bit "aggressive".

[Clarksy]

Like most others here, I'm no solicitor. But I've written plenty of non profit software and i've done exactly what Conan suggests. I've got a jiffy bag containing a CD sat on my bookshelf - just in case.

AFAIK (C) means Registered Copyright and your not allowed to claim you own a copyright to something you haven't registered. That said, you do own interlectual property rights since its your own work. This is why Conans idea works - you prove ownership in court.

If the software is free then why do you want to let this company pay a pound to distribute it? Tell them they can use and distribute it freely without a contract. The second money changes hands (even £1) your product is a commerical application and you may be expected to offer support to your customers.

Point 2 - Make sure your not using any 3rd party libraires such as gzip that you don't actually own copyright for Its common with programs like Delphi or C++ to have libraries that you use but never open - check all your source files even the ones you didn't write!. You may need the original authors consent to distribute their code if your selling your software in anyway.

Point 3 can be read in a few ways. You could read it as discussed above or take the angle of the society protecting their backs if they distribute your software on mass and it contains bugs or security flaws that lead to data loss. If i was distributing someone elses software i'd want to know i had some comeback if it all fell apart. You could negate point 3 in your EULA by stating the software comes with no warranties and your not responsible for any data loss as a result of using your application.

[jameson_uk]

Just to point out that you can not register copyright (in the UK, the US is slightly different). Copyright exists when you create something be it a song, novel or code.

The problem you have is proving that you wrote the code. "Poor Mans Copyright" which is sending yourself the stuff in the post is normally good enough for music so I don't see why this would not be sufficient for code.