Determining Authorship

Unlike other types of intellectual property protection, copyright protection "subsists … in original works of authorship fixed in any tangible medium of expression" (17 USC 102). This article in the copyright laws is useful in determining authorship of a copyrightable work, such as software code. An author is essentially one who fixes an original work in a tangible medium of expression. In other words, in the software example, if you helped write the code, you are an author.

Individuals also may be considered authors of a work if they contributed to its look and feel, even if they did not themselves fix the work into a tangible medium. In addition, principal investigators who oversaw the creation of the work and helped guide the final product may be considered authors.

Examples of works of authorship include literary works; musical works; dramatic works; pantomimes and choreographic works; pictorial, graphic and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works. Source code written for software programs is covered by copyright and is considered to be a literary work.

Still not sure? Call the Patent Foundation at 434.924.2175 for help determining authorship in your specific situation.

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