Can You Obtain Copyright Protection for Your Software’s Graphical User Interface (GUI)?

Can You Obtain Copyright Protection for Your Software’s Graphical User Interface (GUI)?

As a software copyright attorney/lawyer, I think every Software, SAAS or Cloud company should think about this issue, even though this is a complex legal issue.

Think about it. Most software companies know that they can obtain copyright protection for their source code, but what about their GUI? Well it depends (as any good lawyer would say).

The BASICS of Copyright Law in Relation to GUIs

1)  Expressions are Protected, but Not Ideas. The ideas contained in a GUI layout will not receive copyright protection, but if there is a unique expression of an idea then there may be some protection.

2) An ‘Artistic’ Layout Should Receive Protection, but ‘Features’ Won’t. If there is only one way to express an idea (say a drop down menu list with Save and Print), then that drop down menu will likely not receive copyright protection. However, if the drop down menu can be expressed in a more artistic manner, then copyright protection could attach. This is a hot legal issue, and a February 2010 Federal court just ruled in a copyright GUI case that the artistic and original nature of a CAD software’s GUI design (look of the icons, layout of the toolbar, etc.) provided copyright protection.

Microsoft Office’s New Ribbon. Haven’t you wondered why Microsoft made that dramatic change to Word, Excel, etc. to the new ribbon layout in Office 2007? I did, and I think that part of the decision to redesign the layout of the Office 2007 GUI had to do with the fact that Microsoft wanted to differentiate its product from its open source and free competitors (Open Office, Google Docs, etc.), and it could use copyright law to help. Isn’t the new ribbon layout pretty artistic and original?  I think so.

Key Takeaways to Protect Your Software’s GUI

1) The more original and artistic the layout, design, icons, etc…. the more likely you will be able to obtain copyright protection and prevent a competitor from simply copying your GUI.

2) Don’t forget to register your copyright. This can make a big difference.

3) If largest software companies are doing this, why aren’t you thinking about it? Take a look at the new ribbon in Microsoft Office. The ribbon sure looks original and artistic to me, so maybe copyright law had something to do with it.

Every software company with a GUI (and that is about all of them) should think about this and talk to their software copyright attorney (at least before their competitors copy  their GUI).

Resources:

Lotus vs. Borland. 

ILOG vs. Bell.

4 Things to Remember About Copyright Law

Contract vs. Copyright. What is the Difference?

Disclaimer: This issue is quite frankly one of the most complex and difficult software copyright issues out there, so talk to your software copyright attorney or lawyer about this before you make any changes.

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