Legal Definitions - Computer Software Protection Act of 1980

The Computer Software Protection Act of 1980 was a significant amendment to the existing U.S. copyright law, specifically the Copyright Act of 1976. Its primary purpose was to extend copyright protection to computer programs, formally recognizing them as "literary works" for legal purposes. This meant that the original code of a software program could be legally protected against unauthorized copying, distribution, and modification, similar to how books, music, or films are protected. The Act also clarified certain rights and limitations for both software owners and legitimate users regarding their copyrighted programs.

• Example 1: Protecting a New Application

  Imagine a small independent developer creates an innovative new mobile application for managing personal finances. Before the Computer Software Protection Act of 1980, the legal standing for protecting the unique lines of code that make up this app was ambiguous. However, once the Act was passed, the developer could register their application's source code with the U.S. Copyright Office. This provides them with a clear legal basis to sue another company or individual who attempts to copy, distribute, or sell their proprietary software without permission, thereby safeguarding their intellectual property and investment.

• Example 2: Preventing Software Piracy

  Consider a major video game studio that releases a highly anticipated new title. Without the protections established by the Computer Software Protection Act of 1980, it would be extremely challenging for the studio to combat widespread unauthorized copying and distribution of their game. Because the Act defines computer programs as copyrightable literary works, the studio can legally pursue individuals or groups who create and sell pirated versions of their game, protecting their revenue and the integrity of their product in the market.

• Example 3: Making a Backup Copy

  A professional photographer purchases a licensed copy of a specialized photo editing software. To protect their investment, the photographer wants to create a backup copy of the software in case the original installation media is lost or damaged. The Computer Software Protection Act of 1980, while granting strong protections to software creators, also included specific provisions that clarified the rights of legitimate users. One such provision allows the lawful owner of a computer program to make an archival (backup) copy of that program, provided it is for their own use and not for distribution to others. This illustrates how the Act not only protected owners but also qualified certain rights for users.