All sorts of problems can arise when a company hires an independent contractor to develop software code for it. Under the Copyright Act, only two categories of work will be considered “works made for hire” (and thus works owned by the company): Continue Reading Think Your Company Owns its Software? Think Again.
Law360 recently published an article about the Fifth Circuit case of BWP Media USA, Inc. v. T&S Software Associates, Inc. The issue in BWP Media was whether “volitional conduct” is required for direct copyright infringement. Defendant T&S Software Associates hosted an internet forum in which users posted images that infringed copyrights owned by Plaintiffs BWP Media USA and National Photo Group. The plaintiff sued T&S for direct and secondary copyright infringement, but the trial court granted summary judgment for T&S. Continue Reading Brackett & Ellis Copyright Case Featured in Law360 Article
Companies often debate as to whether their software code should be treated as a trade secret or should be registered as a copyright. There are many variables to consider, but perhaps the most important is whether the company wants its source code to remain a secret. The Fifth Circuit Court of Appeals provided this recent breakdown of the intellectual property considerations for software code: Continue Reading What is the Best Intellectual Property Protection for Software?