Can computer software be protected by copyright?
Yes. Software copyright law is a recent branch of the 1976 Copyright Act that was intended to protect artistic creations and creativity. Initially there was a question of whether copyright law could protect software because computer programs contain functional instructions regarding what a computer should do if given a command. Strictly functional instructions and ideas are not copyrightable because they do not meet the minimal copyright requirement for creativity. The existence of a requisite level of creativity was questioned in software. During the 1980s, however, through court decisions and congressional guidance, copyright law became a major form of legal protection for computer programs, some databases, and software technology. Through copyright protection, creators of computer programs can prevent or seek damages for unauthorized copying of programs. This right is not absolute, however. Courts still question whether particular elements of computer programs are sufficiently expre
