Software laws and lawyers

There are two separate areas of law which are commonly associated with software: patent law and copyright law. Both areas are subsets of intellectual property law and are there to protect the rights held by the persons who own the right to the software, whether they are individuals or companies.

When a specific piece of software is purchased at a store (or online), the purchaser pays for a licence agreement which allows the purchaser to use the software. The purchaser does not technically become the owner of the software. When software is written it is automatically protected by copyright, without the need to make a claim or even notify a lawyer. Software creators are protected by the same legal mechanism that protects authors and musicians, which prevents others from copying, reproducing or recreating the work they completed. Registering a patent on the other hand, does usually require the help of a lawyer. Software is protected by patent only after it is registered, and only in the jurisdiction in which it is registered. Under patent laws it is illegal for patented software users to replicate the procedure which the software performs rather than the software code (which is protected by copyright).

If you are a programmer and you are wondering what legal rights you have over your work, you may benefit from speaking to a lawyer. Software companies often insert a clause in their contract of employment which states that the copyright for any software written for the company automatically belongs to the company, although there are always exceptions to this rule.

If you would like to obtain legal advice on software matters, Contact Law can put you in touch with a local intellectual property / software lawyer free of charge. So, if you have any questions or would like our help in finding local intellectual property / software lawyers please call us on 0800 1777 162 or complete the web-form above.