The European Commission created the Directive on the Legal Protection of Computer Programs in 1991. This directive establishes that computer software should be safeguarded by copyright, prohibiting unauthorized copying or usage. Its purpose is to ensure uniform rules for software protection across all European Commission countries. Additionally, the directive stipulates that software must be original in order to qualify for copyright protection. It is also commonly referred to as the Computer Programs Directive or Software Directive.
The European Commission created the Directive on the Legal Protection of Computer Programs in 1991 to safeguard computer software through copyright. This grants the software creator exclusive rights to control its usage and distribution. Previously, some countries protected software using patents or other legal rights. The Directive standardized copyright protection regulations throughout the European Union. To qualify for copyright protection, software must exhibit a certain level of originality, meaning it must possess a creative element rather than being a mere list of instructions. For instance, a program that simply adds two numbers together would not be eligible for copyright protection, whereas a program utilizing a unique algorithm to solve a complex problem would be eligible. The Directive has ensured that software creators can safeguard their work and receive compensation for its usage. Additionally, it has facilitated the distribution of software across the European Union by establishing uniform copyright protection rules in all member countries.
The Directive on the Legal Protection of Computer Programs is a European Union directive that provides copyright protection for computer programs.
The Directive covers the legal protection of computer programs, including their reproduction, distribution, and communication to the public.
The Directive applies to all individuals and businesses within the European Union that create, distribute, or use computer programs.
The Directive provides copyright protection for computer programs for the life of the author plus 70 years after their death.
Under the Directive, individuals are allowed to make copies of computer programs for personal use, as long as it is not for commercial purposes.
Modifying a computer program protected by copyright requires the permission of the copyright holder, unless it falls under the exceptions provided by the Directive, such as interoperability.
Selling or distributing copies of computer programs protected by copyright requires the permission of the copyright holder, unless it falls under the exceptions provided by the Directive, such as exhaustion of rights.
Using parts of a computer program protected by copyright in your own program may infringe on the copyright holder’s rights unless it falls under the exceptions provided by the Directive, such as fair use or interoperability.
The Directive does not provide for patent protection for computer programs. However, it is possible to obtain a patent for a computer-implemented invention if it meets the requirements of patentability.
If you believe your computer program’s copyright has been infringed, you should consult with a legal professional specializing in intellectual property law to assess your options and take appropriate legal action.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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