The extent of copyright protection for computer software
In May 2012, the European Court of Justice issued its ruling on the extent of copyright protection for computer software, finding that the copyright available to computer programs under the Software Directive (2009/24/EC) does not protect the functionality of a computer program, its programming language, or its data file format.
Copyright is the principal intellectual property right in the protection of software. A ‘computer program’ is a literary work under the Copyright, Design and Patents Act 1988, as is preparatory design material for a computer program. However, it is an established principle of law that copyright protects the expression of an idea and not the ideas themselves. In Navitaire Inc v Easyjet Airline Company and Nova Productions Limited v Mazooma Games Limited, the High Court and Court of Appeal (CoA) respectively held that copyright in computer programs does not extend to the functionality, interfaces or programming language of a computer program. Therefore, developing a computer program that has the same or similar functionality and interfaces of another computer program would not amount to copyright infringement, but copying the underlying software code would…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The CRC Energy Efficiency Scheme is a UK government initiative to reduce CO2 emissions from organisations meeting certain qualification criteria.
The government has announced a series of measures designed to reduce energy bills.
Analysis from The Lawyer
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents
Steady as she goes is the theme at Leeds firm Walker Morris, with high profitability offering a clue as to why so few partners move on