Define the work and claimant
Identify the version being registered, the human authors, the claimant, publication status, and the chain of title. Employee and contractor contributions require different ownership analysis; do not assume a contractor deliverable is automatically a work made for hire.
Prepare the deposit
Software deposits commonly use identifying portions of source code. Copyright Office rules permit specified treatment of trade-secret material in appropriate cases, but the deposit must still contain enough copyrightable material. Select redactions and page ranges under the current Office instructions.
Exclude what is not claimed
- Previously published or registered code and public-domain material.
- Third-party and open-source components not owned by the claimant.
- Machine-generated material that lacks human authorship.
- Ideas, processes, methods, algorithms, systems, and functional behavior as such.
Timing and enforcement
For U.S. works, registration is generally required before filing an infringement action. Eligibility for statutory damages and attorneys’ fees often depends on registration before infringement begins or within three months after first publication, subject to statutory exceptions.
Frequently asked questions
Does registration protect an algorithm?
Copyright may protect original code expression, but not an idea, method, process, system, or algorithm as such. Patent, trade-secret, and contract strategies may address different interests.
Can trade secrets be redacted?
The Copyright Office permits specified source-code deposit options for trade-secret material, but the current requirements must be followed carefully.