First Principles of Business Law

4. Property rights in intangible things

4.3.1. Copyright

To control production of his kitchen units, Albert has written some original computer programs that assist in kitchen design. The programs provide a 3-dimensional representation of a specified room, in which selected kitchen units can be dragged and placed to fit, with final dimensions being converted into exact factory specifications for construction. Albert wants to know whether he can acquire property rights in a computer program, and if so, what has to be done to achieve this.

Which of the following statements is correct?

(a) A computer program can only be protected by applying for a patent, which, if granted, protects the rights of the patent holder.

(b) A computer program is protected by copyright, a personal property right which arises automatically as soon as the program is created, with no need for any formalities.