Legal Definitions - Rule of Doubt

The Rule of Doubt is a specific policy employed by the U.S. Copyright Office when processing applications for copyright registration, particularly concerning computer software. This rule allows the Office to accept a copyright claim for software, especially when only the compiled "object code" is submitted, even if the examiners cannot fully verify whether the code contains original, copyrightable material.

This policy acknowledges the inherent technical complexity of computer code. Since it can be challenging for copyright examiners to thoroughly review and understand intricate software, especially object code (which is not easily readable by humans), the Copyright Office may rely on the applicant's declaration that the work is copyrightable. In essence, if the applicant asserts that their software code meets the requirements for copyright protection, the Office will proceed with registration. However, a special annotation will be added to the copyright certificate and the public record, indicating that the registration was made under the Rule of Doubt. This annotation serves as a notice that the Office did not independently confirm the copyrightability of the submitted code due to the nature of the submission. The Rule of Doubt can also apply when an applicant redacts portions of their code to protect valuable trade secrets, making a complete examination impossible.

Here are some examples of how the Rule of Doubt might apply:

• Proprietary AI Algorithm: A small tech startup develops a groundbreaking artificial intelligence algorithm that gives them a significant competitive advantage. To protect this core innovation, they decide to register the copyright for their software by submitting only the compiled "object code," not the human-readable "source code." This prevents competitors from easily reverse-engineering their technology. When the U.S. Copyright Office receives the application, the examiners, lacking the specialized tools or expertise to decipher complex object code, cannot independently verify its originality or copyrightability. However, because the startup formally attests that the code is original and copyrightable, the Office applies the Rule of Doubt, registers the copyright, and annotates the certificate accordingly. This allows the startup to secure a registration without compromising their trade secrets.

• Redacted Software Module for Trade Secrets: A large software company is applying for copyright registration for a new enterprise resource planning (ERP) system. One critical module within the ERP system contains a highly proprietary data encryption algorithm that is a closely guarded trade secret. When submitting the source code for the entire system, the company redacts (blacks out) the specific lines of code related to this secret algorithm. The Copyright Office examiners can review most of the submitted source code, but the redacted section prevents them from fully assessing the copyrightability of the complete work. Recognizing the legitimate need to protect trade secrets, the Office invokes the Rule of Doubt for the redacted portion. They register the copyright for the ERP system, noting on the certificate that the Rule of Doubt was applied due to the redactions.

• Unique Game Engine Object Code: An independent game developer creates a unique 3D game engine that features novel physics simulations and rendering techniques. To maintain their competitive edge and prevent others from easily replicating their programming methods, they choose to register the copyright for their engine by submitting only the compiled object code. The Copyright Office receives the application, but its examiners, who are not typically expert software engineers equipped to analyze raw object code, cannot independently verify the originality or copyrightability of the game engine's code. Relying on the developer's assertion that the code is original and copyrightable, the Office applies the Rule of Doubt. They issue the copyright registration with the appropriate annotation, acknowledging that the registration was made without a full technical examination of the object code.