Legal Question in Technology Law in Delaware

Copyright a Macro?

Can a person copyright an excel or lotus Macro? What would you deposit with the copyright office if it is less than 10 pages?


Asked on 11/19/01, 1:38 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: Copyright a Macro?

Yes, provided you created it. While copyright protection does require proof of copying, not just similarity (although similarity plus proof of access can be evidence of copying), it does provide useful remedies. You should register it if you would want to protect it, as registration before infringement begins allows you to sue for enhanced statutory damages plus attorney's fees (it's quick and easy to file - it's a 2-page Form TX available on the copyright office's website at www.loc.gov/copyright, and the filing fee is only $30). Your deposit would be the whole printout of the macro source code since it's less than 50 pages (if longer, deposit the first and last 25). If there are trade secrets you want to protect, you can black out the portions containing the trade secrets and send a cover letter explaining that you have redacted the trade secrets.

You may also want to explore patent protection. That gives you protection without proof of copying, but it is much more expensive to file a patent than to register a copyright.

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Answered on 11/20/01, 10:51 am
Bruce Burdick Burdick Law Firm

Re: Copyright a Macro?

You can copyright it (if an original creation), patent it (if original and not obvious), and even trademark (if you have a distinctive name for this macro). Protection, however, may be of limited value due to rampant sharing of files by many computer users in violation of proprietary rights. If you patent it, however, you do not have to prove copying and may have a remote chance of catching some software vendor infringing, in which case revenue might result. The bottom line answer to you question is probably "YES, but so what?".

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Answered on 11/19/01, 1:52 pm


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