Page:Copyright Office Compendium 3rd Edition - Full.djvu/833

, Third Edition If the entire program is fifty pages or less, the applicant should submit the entire source code. In addition, the applicant should inform the U.S. Copyright Office that the entire code has been submitted. When submitting an online application this information should be provided in the Note to Copyright Office file; when submitting a paper application on Form TX this information should be provided in a cover letter.

1509.1(C)(4) Source Code That Contains Trade Secret Material

1509.1(C)(4)(a)Background

Section 705(a) of the Copyright Act requires the Register of Copyrights to prepare and maintain "records of deposits, registrations, recordations, and other actions" taken by the U.S. Copyright Office. 17 U.S.C. § 705(a). Section 705(b) states that all deposits maintained by the Office in connection with a completed copyright registration, "shall be open to public inspection." Id. § 705(b).

In the 1980s a concern was expressed that making computer programs available for public inspection could jeopardize a copyright owner's trade secret protection under state law. In response to these concerns, the Office established a specific procedure for submitting source code that contains trade secret material.

For purposes of registration, a trade secret includes "any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it." Kewanee Oil Co. v. Bicron Corp., 416 U.S. 470, 474-75 (1974) (quoting the Restatement of Torts § 757, comment b (1939)).

See generally Registration of Claims to Copyright Deposit Requirements for Computer Programs Containing Trade Secrets and for Computer Screen Displays, 54 Fed. Reg. 13,173, 13,173 (Mar. 31, 1989); Registration of Claims to Copyright; Deposit Requirements for Computer Programs Containing Trade Secrets, 51 Fed. Reg. 34,667, 34,667-68 (Sept. 30, 1986); Notice of Inquiry Deposit of Computer Programs and Other Works Containing Trade Secrets, 48 Fed. Reg. 22,951, 22,952 (May 23, 1983).

1509.1(C)(4)(b) Computer Programs That Contain Trade Secret Material

If the source code for the computer program contains trade secret material, the applicant should submit twenty to sixty pages of code for the specific version that the applicant intends to register using one of the following options:

• The applicant may submit the first ten pages and last ten pages of source code, provided that none of the code is blocked out;

• The applicant may submit the first twenty-five pages and last twenty-five pages of source code with the portions of the code that contain trade secret material blocked out, provided that the blocked out portions are proportionately less than the remaining material and provided that the unblocked portions contain an appreciable amount of original authorship;

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