Software copyrights continue to be an important intellectual property for many companies. Such prominence can be seen by several recent cases pertaining to software copyrights. For example, a recent verdict against Oculus VR, a Facebook subsidiary, for $500 million in damages included claims of copyright infringement of video game developer ZeniMax Media’s software. Hewlett Packard Enterprise Co. (HP) is facing a claim for vicarious copyright infringement asserted by Oracle alleging that HP support companies distributed copyrighted Oracle code without its permission. With the prominence of ensuring a company’s copyrights are adequately protected, there is renewed focus by the legislature to address any oversight in the Copyright Act pertaining to software. More specifically, the issue of ownership rights to copyrighted materials, especially when created by independent software developers, is an issue that may be interpreted differently by the Federal Circuit courts. Therefore, it may be time for Congress to clarify this issue by amending the work for hire doctrine as defined in the U.S. Copyright Act.
Copyright Act
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