Copyright protection generally arises automatically upon creation of an original work, though formal registration with SAIP strengthens the ability to enforce rights and provides clearer evidence of ownership if a dispute arises.
This covers a wide range of works — written content, artistic and musical works, software code, and other original creative output — each protected against unauthorized copying, distribution, or use.
Where someone else has used copyrighted work without authorization — reproducing content, distributing software without a license, or otherwise infringing — this practice pursues enforcement action to stop the infringement and address the resulting harm. Enforcement against commercial-scale copying often runs alongside our anti-counterfeiting work.
Software businesses in particular benefit from clear licensing terms and documented ownership, which meaningfully strengthens an enforcement position if unauthorized use occurs later.
Paying someone to create a work — software code, marketing content, design assets — doesn't automatically mean the paying party owns the resulting copyright, since ownership generally stays with the original creator unless a written agreement specifically assigns those rights to the commissioning party, a distinction that surprises many businesses who assume payment alone settles the ownership question.
We draft commissioning and work-for-hire agreements that clearly assign ownership from the outset, since discovering after the fact that a freelancer or contractor still holds the underlying rights to something the business believed it fully owned can seriously complicate a sale, a licensing deal, or any other transaction depending on clear title to that work. Employment-context ownership terms are built into contracts with our employment contracts practice.
Software copyright raises questions that pure creative content doesn't — what exactly a license permits a user to do with the code, whether modifications are allowed, whether the license extends to derivative works built on top of the original software — and vague or generic licensing language can leave a software business with far less actual control over its product than the underlying copyright would otherwise support. Truly secret elements of a codebase — algorithms, datasets — may be better held as trade secrets.
We draft software licensing terms with this specificity in mind, since the practical value of a software copyright often depends heavily on how precisely the licensing terms actually define and limit what users and partners can do with the underlying code.
Protection generally arises automatically upon creation, but formal registration with SAIP strengthens your ability to enforce rights and provides clearer evidence of ownership.
Yes — software code is generally protected as a creative work, and we can advise on strengthening that protection through proper documentation and licensing.
We can pursue enforcement action to stop the unauthorized use and address the harm it's caused, starting with assessing the specific situation.
Not automatically — ownership generally stays with the creator unless a written agreement specifically assigns those rights to you. We recommend having this documented clearly before commissioning work.
Precisely what users can and can't do with the code — including modifications and derivative works — since vague licensing terms can leave you with less control than your underlying copyright would otherwise support.
Reach out immediately — we can assess the situation and help resolve the ownership question before it complicates your transaction further.