Copyright for computer programs

In the digital age, when software has become an integral part of our lives, the issue of copyright protection forcomputer programmes is particularly relevant. Each line of code written by a programmer is the result of intellectual labour, which requires proper protection from illegal copying, distribution and other illegal actions.

Software development is usually a long and costly process. And it is logical that developers want to protect their investments and get remuneration for their labour. But, unfortunately, not everyone realises that illegal use of software is not just a violation of the licence agreement, but also an infringement of copyright.

That is why in this article we will consider in detail how to protect your rights to computer programmes in Ukraine. You will learn what aspects of software are protected by law, what rights developers have, how to register and protect these rights in case of infringement. The information will be useful both for experienced programmers and for those who are just starting their way in software development.

So, tune in for a detailed study of the topic of copyright on computer programmes – and let your software masterpieces be reliably protected!

Section I: What does copyright in computer programmes cover?

Before we can talk about protection, we need to clearly define the object of protection. In other words, what exactly in a computer programme is covered by copyright Or just the code? Or maybe also the design of the interface? And what about the algorithms that underlie the programme? That’s a lot of questions, isn’t it?

In this section, we will look in detail at what elements of a computer program are protected by copyright. We’ll talk about source code, object code, the user interface, and preparatory materials used in development. You will understand exactly what is covered by copyright protection, and which aspects of your software can be protected from illegal copying and use.

So, if you want to understand what your copyright object in the software world consists of, read on carefully. It will be interesting and informative!

Subsection 1.1: Source Code

So, let’s start with the basics – the source code. It is the foundation on which the whole computer programme is built. And, of course, it falls under copyright protection.

The Law of Ukraine “On Copyright and Related Rights” considers the source code of a computer programme as a literary work. Yes, exactly as a literary work! Because, in fact, source code is a text written in a programming language that contains instructions for a computer.

What does this mean in practice? And that no one has the right to copy, distribute or modify your source code without your permission. It is your intellectual property, just as the text of a book is the property of the writer.

Examples of programming languages in which source code is written:

• C++
• Java
• Python
• JavaScript
• C#
• PHP
• Ruby
• Go
• Swift
• Kotlin
• and many others.

No matter what programming language you use, your source code is protected by copyright. And you have every right to protect it from illegal use. It is your intellectual property, your knowledge, your efforts embodied in every line of code. And remember: copyright protection starts with the source code.

Subsection 1.2: Object Code

We’ve dealt with source code, but what is object code and is it copyrighted? The answer is unambiguous – yes, it is protected!

What is object code? It is the result of compiling source code, i.e. transforming it into a form understandable for a computer. In other words, it is a set of machine instructions that are directly executed by the processor. If source code is a text written in a programming language, then object code is already a “machine language”.

It may seem that object code is something technical and far from creativity. But in fact, it is inseparable from the source code and is a derivative of it. That is why the law protects object code in the same way as source code.

Copyright in computer programs extends to any form of expression, including object code. This means that no one can copy, distribute, or use your object code without your permission, just as they cannot use your sourcecode.

Thus, by protecting your source code, you automatically protect the object code of your programme. These are two sides of the same coin, two inseparable parts of the whole – your programme, your intellectual property.

Subsection 1.3: User Interface

What about the user interface of? Does copyright extend to the visual design of the programme, to the arrangement of buttons, menus and other elements? This question is more complex and ambiguous, but the answer is generally yes.

Certain aspects of a GUI (Graphical User Interface) can be copyrighted, if they are original and creative. So what can qualify for protection?

• Graphic design: Original icons, logos, fonts, colour schemes – everything that creates a unique visual style of the program.
• Arrangement of elements: Original layout of menus, toolbars, windows and other interface elements.
• Animation and effects: Unique visual effects, transitions between screens, animation of interface elements.

But it’s worth understanding that not every interface is automatically protected. Standard interface elements, such as ordinary buttons or typical menu layout, are not protected. Only original creative solutions that contain an element of novelty and are the result of the designer’s intellectual labour are protected.

In other words, if you have created a unique and recognisable interface that is different from others and is the result of your creative work, then certain elements of it may well be protected by copyright. This is an additional layer of protection for your programme that is worth considering.

Subsection 1.4: Preparatory Materials

Developing a computer programme is not only writing code. It is preceded by the stage of creating various preparatory materials: algorithms, flowcharts, technical tasks, descriptions, specifications and so on. Are these materials protected by copyright?

The answer is yes, they are. The law considers the preparatory materials obtained during the development of a computer programme as part of a single process of software development. And, accordingly, it grants them legal protection.

What can be included in the preparatory materials?

• Algorithms: A step-by-step description of the actions that a programme must perform to achieve a goal.
• Block diagram: A graphical representation of an algorithm in the form of a sequence of blocks connected by arrows.
• Terms of Reference (ToR): A document containing requirements for a programme, description of its functionality, features, interface, etc.
• Specifications: A detailed description of individual modules or functions of a programme.
• Diagrams: Various types of diagrams illustrating the structure of the program, interaction between its components, data flows, etc. Д.
• Other documentation: Any other materials created in the process of preparation for code writing.

All these materials are the result of intellectual labour of the developers and contain a creative approach to solving the problem. Therefore, they fall under the copyright for computer programmes and cannot be copied or used by others without permission.

Protecting the preparation materials is not just a formality, but an important aspect of protecting your rights as a developer. After all, these materials contain the key ideas and solutions that make your software unique.

Section II: Rights of Software Developers

We have found out what exactly is protected by copyright in the world of computer programmes. Now it is time to talk about the rights of those who create these programmes, i.e. the rights of software developers.

What opportunities does the law give to developers? What actions can they do with their programmes and what can they demand from others? This is what we will talk about in the second section.

You will learn about the key rights that software developers have: the right to reproduce, distribute, modify, and decompile software. Understanding these rights will enable you to effectively manage and protect your intellectual property from infringement.

So get ready to dive into the world of legal intricacies and find out exactly how the law protects your interests as developers.

Subsection 2.1: Right of reproduction

One of the fundamental rights that software developers have is the right of reproduction. What is behind this term?

The right to reproduce means that only you, as the author or copyright holder of a computer program, have the exclusive right to make copies of your program. This right extends to any form of copying, namely:

• Installing a program: Installing a program on a computer, server, or other device is a reproduction because the installation process creates a copy of the program on a storage medium.
• Copying files: Any copying of program files, whether source code or object code, is also a playback.
• Writing to media: Writing an application to a hard drive, flash drive, optical disc, or any other media is also playback.
• Making backups: even if you make a backup copy of the application for your own use, this is still considered playback.

It is important to understand that any copying of your software without your permission is a copyrightinfringement . You have the right to prohibit or permit others to reproduce your programme, and to determine the terms of such reproduction.

This right gives you control over how and where copies of your programme are used. You can install the software yourself on various devices, distribute it to users, or prohibit any copying without your permission. The reproduction right is your leverage in the software world to protect your interests and control the use of your intellectual property.

Subsection 2.2: Right of distribution

Following the reproduction right isthe right to distribute copies of your computer programme. This means that it is you, as the developer or copyright holder, who decides how, to whom and under what conditions your programme will be distributed.

So what options does this right give you?

• Selling: You can sell licences to use your software, setting the price as you see fit. This can range from selling physical copies on media to selling digital copies over the Internet.
• Rental: You can lend your programme for a fee, i.e. rent it out.
• Free distribution: You may distribute your programme free of charge, for example for promotional or charitable purposes.
• Distribution through distributors: You may entrust the distribution of your programme to other companies or persons by entering into contracts with them.

The right of distribution is closely related to the right of reproduction. But while reproduction concerns the mere fact of making copies, distribution is a matter of their further circulation.

It is important to remember that the sale or transfer of a copy of a programme does not mean the transfer of copyright on it. The user receives only the right to use the software in accordance with the terms of the licence agreement, but does not become the copyright holder.

The right to distribute gives you the opportunity not only to profit from your software, but also to control its further fate. You determine your own distribution strategy, choose your partners, and set the rules of the game in the software market.

Subsection 2.3: Right to modification

Software developers not only have the right to reproduce and distribute their programmes, but also the important right to modify. What does this mean?

The right to modify means that only you, as the author or copyright holder, can make changes to your programme and allow or forbid others to do so.

What is considered a modification?

• Changing the source code: Any edits, adding or deleting code, changing algorithms, programme structure – all this is modification.
• Creating derivative programs: If a new program with a different functionality or interface is created on the basis of your program, it is also considered a modification.
• Adaptation and porting: Adapting a programme to work on other platforms or operating systems is also a modification.

Why do you need this right?

• Quality control: You can be sure that your application will not be corrupted by unqualified modifications.
• Maintaining your reputation: Prohibiting unauthorised modifications will help prevent substandard or malicious versions of your application that could damage your reputation.
• Protecting intellectual property: Modification often involves revealing source code and using your algorithms and technologies. The right to modify allows you to prevent misuse of your developments.

You can make changes to your programme yourself, release updated versions, add new functionality. Or you can grant modification rights to others, such as your partners or developers who want to create derivative applications based on yours.

The modification right is an important tool for managing the lifecycle of your programme. It allows you not only to control the quality and integrity of your product, but also to develop it, adapting it to new market requirements and user needs.

Subsection 2.4: The right to decompile

Finally, another important right worth mentioning is the right to decompile. This right is closely related to the right to modify, but has its own peculiarities.

What is decompilation? It is the process of converting a programme’s object code back into human-understandable source code. In other words, it is an attempt to “look inside” a programme to understand how it works.

The right to decompile means that you, as the developer or copyright holder, can allow or forbid others to decompile your programme.

Why is this necessary?

• Protecting trade secrets: Decompiling can reveal your unique algorithms, technologies and know-how that are your trade secrets.
• Prevent unauthorised modification: By gaining access to the source code, attackers can modify the software, create a “cracked” version, or inject malicious code.
• Compatibility control: Decompilation can be used to ensure that your application is compatible with other products. You have the right to control this process to avoid integration problems and incorrect software operation.

It is worth noting that there are certain exceptions when decompilation is allowed by law even without the consent of the copyright holder. For example, for the purpose of ensuring software compatibility, if it is impossible to obtain such information in any other way, but such actions are usually limited by the licence agreement.

In general, the right to decompile is a tool to protect your interests as a developer. It allows you to control access to the “inner workings” of your application and to prevent misconduct by competitors or intruders.

Section III: How do I protect the copyright of a computer programme?

Knowing your rights is only half the battle. It is equally important to be able to protect those rights. How can a software developer protect his software from illegal copying, distribution and other infringements of hiscopyright?

That’s what we’ll talk about in Chapter Three. You will learn practical steps to help you protect your intellectual property. We will look at methods such as registering copyright, using licence agreements, and other ways to protect your source code.

In other words, this section will be your guide to the world of software protection. You will get clear recommendations and tips that will help you minimise the risks of infringement of your rights and retain control over your software.

So, set yourself up to gain practical knowledge – and keep your software secure!

Subsection 3.1: Copyright Registration

Although copyright in a computer program arises automatically from the moment it is created, there is an important step to strengthen protection – copyright registration. Why do you need this if you already own the right?

Advantages of registration:

• Official recognition of authorship: Registration with UKRNOIVI (Ukrainian National Office of Intellectual Property and Innovation) serves as an official confirmation of your authorship and the date of creation of the programme. You receive a certificate of copyright registration of the state sample.
• Weighty evidence in court: In case of a dispute about the authorship or illegal use of your software, the registration certificate will be an important evidence in your favour.
• Mandatory condition for defence in court: In Ukraine, according to Article 53 of the Law of Ukraine “On Copyright and Related Rights” for computer programs, copyright registration is a mandatory condition for applying to the court for protection of your rights. That is, without a registration certificate you will not be able to defend your interests in court.
• International recognition: A certificate of registration issued in Ukraine is recognised in most countries of the world that are parties to the Berne Convention for the Protection of Literary and Artistic Works.

Registration procedure:

1. Preparation of documents: You will need an application form, a copy of your programme in the form of source code (or in some cases object code), a document on payment of the registration fee.
2. Submission of documentsto UKRNOIVI: You can submit the documents in person or through a representative.
3. Receipt of the certificate: Upon review of your application, UKRNOIVI makes a decision on copyright registration and issues the relevant certificate.

Copyright registration for a computer programme is not just a formality, but a real tool to protect your rights. It is especially important if you plan to use your programme commercially. Therefore, do not neglect this opportunity and take care of official recognition of your authorship.

Subsection 3.2: Use of Licence Agreements

Another important tool for protecting copyright in computer software is the use of licence agreements. What are they and why are they needed?

A licence agreement is a legal document that defines the terms and conditions under which users can use your program. By entering into a licence agreement, you, as acopyright holder, grant the user the right to use your software (licence) under certain conditions, while retaining all copyrights.

What does the use of licence agreements provide?

• Clear definition of rights and obligations: In a licence agreement, you can clearly state what you are allowed and not allowed to do with your software. For example, whether it can be copied, distributed, modified, used for commercial purposes, etc. Д.
• Control of use: You can control how and by whom your programme is used and prevent misuse.
• Liability: The licence agreement can stipulate the user’s responsibility for violating the terms of use of the software.
• Flexibility: You can design different types of licences for different categories of users, e.g. home use, business, educational, etc.

What are the different types of licences?

• Proprietary licences: Give the user limited rights to use the software, usually prohibiting its copying, modification and distribution without the permission of the copyright holder.
• Free licences (Open Source): Gives the user more freedom, allowing not only to use but also to copy, modify and distribute the software, sometimes even for commercial purposes. Examples: GPL, MIT, Apache Licence.
• Creative Commons licences: These licences are designed not only for software but also for works.

The type of licence you choose depends on your goals and strategy. If you want to retain full control over your software and prohibit its free distribution, a proprietary licence is appropriate. If you want your software to be available to the general public and to be freely developed by a community of developers, you should consider a free licence.

The use of licence agreements is an integral part of the software distribution process. They allow you to protect your copyrights and build a transparent and mutually beneficial relationship with the users of your software.

Subsection 3.3: Protecting Source Code

Source code is the heart of your programme, its most valuable part. That’s why source code protection from unauthorised access, copying and modification is one of the priority tasks for a developer.

So what can be done to protect the source code?

• Code obfuscation: This is a technique that makes source code less human readable by obfuscating its structure and variable names. This is not an insurmountable obstacle, but it can complicate the process of cracking and analysing the code.
• Code encryption: The most reliable, but also the most complex method of protection. Encryption turns the source code into an unreadable set of characters that can only be decrypted with a special key. It is not often used because of the complexity of implementation and the impact on performance.
• Use version control systems (VCS): Systems such as Git allow you to track changes to your source code, control access to it, and prevent unauthorised tampering.
• Store your code on secure servers: Host your code on servers with an appropriate level of protection against unauthorised access. Limit server access to authorised developers only.
• Legal measures: Include clauses in the contract with developers about non-disclosure of confidential information, which includes source code, and liability for violation of these terms.

Remember that source code protection is a complex process that includes both technical and legal aspects. Use various methods in combination to secure your program from unauthorised access and use as much as possible.

And don’t forget that the best defence is constant development and improvement of your application. Create a quality and innovative product, and this will be your best defence against competitors.

Section IV: Liability for Copyright Infringement of Computer Programmes

Unfortunately, even the most sophisticated defence methods cannot always stop copyright infringers. Therefore, it is important to know what liability is provided for illegal use of computer programmes.

In this section we will consider what sanctions can be applied to violators of copyright on computer programmes. You will learn about different types of liability: civil, administrative and criminal.

Understanding the possible consequences of copyright infringement is important for both software developers and users. It will help you avoid unpleasant situations and protect your rights and interests.

So, set yourself up for a serious conversation about responsibility – and let your knowledge be your weapon in the fight for justice!

Subsection 4.1: Civil Liability

Let’s start with civil liability, which is the main type of liability for copyright infringement of computer programmes. What does it provide for?

Civil liability is, first of all, compensation for damages caused to the right holder as a result of illegal use of his programme. That is, if someone illegally copies, distributes or modifies your programme, you have the right to demand compensation for the damage caused to you.

What claims can the copyright holder make?

• Recognition of right: Demand official recognition of your copyright in the software.
• Cessation of infringement: Demand that the infringer cease unlawful activities with your programme (e.g. remove infringing copies from the website).
• Indemnification: Demand compensation for all damages you have suffered as a result of the infringement, including lost profits (i.e. income you could have received if your right had not been infringed).
• Revenue recovery: Demand that you receive all revenue that the infringer received from the unlawful use of your programme.
• Compensation: If the amount of damages is difficult to prove, you can demand compensation, the amount of which is determined by the court within the limits established by law (from 10 to 50,000 minimum wages).
• Seizure and destruction of infringing copies: Demand the seizure and destruction of all illegally made copies of your software.

In order to bring the infringer tocivil liability, you need to apply to the court with a statement of claim. It is the court that establishes the fact of infringement of copyright and determines the amount of compensation.

Remember that civil liability is primarily aimed at restoring your infringed rights and compensating the losses caused to you. It is your defence tool in the fight against unscrupulous users and pirates in the software world.

Subsection 4.2: Administrative Responsibility

In addition to civil law, there is also administrative liabilityfor infringement of copyright on computer programmes. What does it consist of?

Administrative liability is imposed for the commission of offences that are not crimes, but are nevertheless unlawful and prejudicial to copyright. In Ukraine, liability is stipulated by the Code of Ukraine on Administrative Offences.

What actions can lead to administrative liability?

• Illegal use of an object of intellectual property right: This can be, for example, using a program without a licence, copying or distributing counterfeit copies.
• Misappropriation: Impersonating someone else’s programme or illegally using someone else’s name when releasing a programme.
• Infringement of the rights of copyright holders: Any other actions that violate the property rights of authors or copyright holders of computer programmes.

What are the penalties?

Such offences are punishable by a fine. The amount of the fine is determined in untaxed minimum incomes of citizens and may vary depending on the gravity of the offence and the circumstances of its commission. In addition, confiscation of illegally manufactured products and the equipment and materials used for their manufacture is provided for.

Who brings to administrative responsibility?

Authorised officials of internal affairs bodies have the right to draw up protocols on administrative offences in the field of copyright, and consideration of such cases is within the competence of the court.

Administrative liability is another leverage against copyright infringers. Although fines for administrative offences are usually lower than the amounts recoverable in civil actions, they can also be quite tangible for infringers. In addition, administrative penalties may provide additional evidence of the offender’s guilt in the event of further court proceedings in civil or criminal proceedings.

Subsection 4.3: Criminal liability

The strictest type of liability for infringement of copyright on computer programmes is criminal liability. It comes for committing offences in this sphere, i.e. the most socially dangerous acts.

When can criminal liability arise?

In accordance with Article 176 of the Criminal Code of Ukraine, criminal liability for copyright infringement occurs if such actions:

• Caused material damage in a significant amount: Material damage is recognised as significant if its amount is two hundred or more times higher than the non-taxable minimum income of citizens.
• Committed repeatedly: If a person has already been brought to administrative or civil liability for a similar offence within a year.
• Committed by prior conspiracy by a group of persons: If the offence is committed by two or more persons who agreed in advance to commit it.
• Committed by an official using his or her official position: For example, if a company manager instructs his or her subordinates to illegally use unlicensed software.
• United with the threat or use of violence: This paragraph deals with the most brazen and dangerous copyright infringements.

What types of penalties are provided for?

• Fines: The amount of the fine may reach several thousand non-taxable minimum incomes of citizens.
• Deprivation of the right to hold certain positions or engage in certain activities: For example, a person may be prohibited from working in the field of information technology.
• Correctional labour: Forced labour for up to two years.
• Restriction of liberty: Punishment consisting in the detention of a person in open-type penal institutions without isolation from society in conditions of supervision, with compulsory involvement of the convicted person in labour, for a period of up to five years.
• Deprivation of liberty: Imprisonment for a term of up to six years, in the cases provided for in part 3 of article 176 of the Criminal Code of Ukraine.

Criminal liability is the strictest measure of punishment for copyright infringement. It is applied only in the most serious cases, when the actions of the infringer have signs of an offence.

Remember that copyright protection for computer programmes is not only your right, but also your responsibility. Knowing the law and knowing how to apply it will help you avoid trouble and maintain control over your intellectual property.

Conclusions

Let’s summarise our talk about copyright on computer programs. We have learnt that copyright protects not only the source code and object code, but also in some cases the user interface and preparatory materials. As a developer, you have a whole set of rights: to reproduce, distribute, modify and decompile your programmes.

To protect your rights you can use various methods: copyright registration in UKRNOIVI, licence agreements, as well as technical means of source code protection. Remember that it is the registration of copyright for a computer programme that is a prerequisite for applying to the court in Ukraine. Do not neglect this opportunity if you plan to use your software commercially!

If your rights have been violated, the law provides for various types of liability: civil, administrative and criminal. Knowing these types of liability and knowing how to apply them will help you effectively protect your intellectual property.

And finally, I would like to stress once again that copyright for computer programs is not an abstract concept, but a real tool that gives you the opportunity to control the use of your programs and receive fair remuneration for your labour. Don’t be afraid to protect your rights, because your knowledge, your talent and your labour are worth it!

Want to know more about what other works are protected by copyright? Then we recommend you to read the article“Types of copyrighted works“. It will help you to expand your knowledge in the field of intellectual property and better orientate yourself in the world of copyright.