Brigham Young University Prelaw Review
Article Title
Forty-five Years Later: Redefining and Reclassifying Computer Code Under the Copyright Act of 1976
Keywords
copyright, computer code, software, intellectual property, fair use
Abstract
Congress passed the Copyright Act of 1976 more than 45 years ago. However, despite the foresight to include a definition for computer code in the original version of the Act, the definition Congress provided has proven difficult for courts to interpret. This article proposes a new definition of computer code for the Copyright Act, which is not only more inclusive, but also more accurate. It then discusses the direction this new definition provides to the courts and software creators. It also proposes that computer code be granted its own category within the Act, based on the precedent set by the formation of an Architectural Works category by the Copyright Amendments Act of 1990.
BYU ScholarsArchive Citation
Oldham, Trevor and Hill, Topher
(2022)
"Forty-five Years Later: Redefining and Reclassifying Computer Code Under the Copyright Act of 1976,"
Brigham Young University Prelaw Review: Vol. 36, Article 5.
Available at:
https://scholarsarchive.byu.edu/byuplr/vol36/iss1/5