Software copyright law : a comparative study

Abstract

This thesis will examine the law relating to copyright protection of computer software, dealing in particular with computer programs and other works created by computer or stored in a computer. The thesis concentrates on what is permitted and what is prohibited by copyright law. Interspersed within the thesis are descriptions and discussions of legal cases to provide an understanding of the basic principles of software copyright law. Following a comparative description of copyright law and computer software, particular aspects are considered, such as the ownership of copyright in computer software and the ways in which it may be exploited, the scope of copyright protection, an analysis of the fair use doctrine and the meaning and permissability of reverse analysis. The chapters concerning authorship, ownership and infringement and remedies should be useful to persons using computer software or dealing with computer software copyright matters. Throughout the thesis references are made to the Maltese, United States and the United Kingdom legislation concerning computer software copyright. Where appropriate, the implications of the European Council Directive on the legal protection of computer programs are also discussed. Maltese Copyright Law will be examined in the light of the 1992 insertion of "computer software" as sub-paragraph (g) in the list of works which comprises the definition of "literary work" in Sec 2(1) of the Copyright Act of 19672. Although the law has been amended to provide wider protection to Copyright owners, computer software piracy is still a problem and a major obstacle to the Maltese software industry. The aim of this thesis is to provide better insight into the relatively new subject, as regards Malta, of computer software copyright. In fact this thesis is a result of the growing importance in Malta of the protection afforded to computer programs. A comparative study of the laws of the USA, UK, Europe and Malta aims to outline the various issues of copyright, the way foreign and Maltese laws deal with problems as regards such issues and what may be done to lessen the amount of infringements in order to ensure a healthy market and to help maximize innovation