I have a question regarding best practices when it comes to code copyright.

The company I'm working for would like to register their code in the US Copyright Office. However, they first published their website a year ago and this is a more recent version of the code.

I've done research but I can't find a lot about what the best practices are - is it better to copyright only the more recent version of the software? Or to create a separate claim for the first published version, and file another one for this recent one?

I understand that you don't have to register your code with the US Copyright Office for it to be copyrighted, but this is something that the company would like to do.

Any help is appreciated

Thank you


Copyright is automatic: when you write something original, it is thereby copyrighted. Thus there is no act of "copyrighting". The only important act is registering. All versions of a work are covered by copyright protection. When you revise a work, the existing copyright still exists, and you have created a derivative work.

If copyright is held by a known person, the expiration date is author's death + 70 years. In a work made for hire (the company owns the copyright), it is the earlier of is 95 years from first publication or the shorter of 120 years from creation. A revision does not generally affect the duration of copyright: however, if a joint work is created, the copyright on the underlying work expires relative to the death of the original author and the copyright on later parts created by a second (added) author is relative to the second author's death. So if A writes ch. 1-4 of a book, then adds ch. 5-8 subsequently with a new co-author B, duration of copyright for ch. 5-8 is determined relative to the death of B. None of that matters for a company web page.

| improve this answer | |
  • In theory, your registered copy would need to include some portion that becomes the subject of a future infringement claim, either as a copy or as a derivative work. For instance, if the second version is much smaller than the first, you run the risk that the defense shows the "registration" is invalid for the claimed relief. Also, registering a website can be very complicated (multi-media, multiple authors, etc). – Upnorth Sep 6 '17 at 5:35

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