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, Third Edition If a service provider terminates its operations, the provider or its duly authorized agent should notify the Office in writing. The notification should be sent to the address specified in Section 2312.2 by certified or registered mail. See 37 C.F.R. § 201.38(g).

2313 The Computer Shareware Registry

This Section discusses the procedure for recording documents pertaining to computer shareware with the U.S. Copyright Office.

2313.1 What Is Computer Shareware?

Shareware is a method for marketing computer programs, rather than a specific type of program. Under this approach, the copyright owner distributes copies of his or her program to third parties to give potential users the opportunity to test and review the program. If a user decides to use the program, that person may be required to register his or her use with the copyright owner and to pay a registration fee. Typically, the party that owns the copyright in the computer program generates income through these registration fees, which tend to be lower than the purchase price for similar programs that are sold through commercial channels.

NOTE: Electronic databases or other works of authorship are not considered computer shareware. See H.R. Rep. No. 101-735, at 17 [1990], reprinted in 1990 U.S.C.C.A.N. 6935, 6948.

See generally General Provisions — Computer Shareware Registry, 58 Fed. Reg. 29,105 (May 19, 1993); General Provisions — Registry of Documents Pertaining to Computer Shareware and the Donation of Public Domain Software, 56 Fed. Reg. 50,657 (Oct. 8, 1991).

2313.2 The Purpose of the Computer Shareware Registry

When Congress created a rental right for computer programs, interested parties expressed concern that this might adversely affect the shareware industry. Allowing interested parties to record documents pertaining to shareware was intended to address this concern by providing "a means for notifying the public of the licensing terms applicable to individual programs marketed on a shareware basis." See 58 Fed. Reg. at 29,106; see also H.R. Rep. No. 101-735, at 16 (1990), reprinted in 1990 U.S.C.C.A.N. at 6947 (explaining that the legislation was intended "to encourage individuals desiring to permit unrestricted, or liberal, use of software they create, to file documents to that effect with the Copyright Office").

2313.3 Registration Distinguished from the Computer Shareware Registry

Recording a document pertaining to computer shareware is optional, but it is not a substitute for registering the copyright in a computer program. In particular, it does not provide copyright owners with the ability to claim statutory damages or attorney's fees under Section 412 of the Copyright Act. Nor does it create a presumption concerning the validity of the copyright in a shareware program.

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