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Software copyright is the application of copyright in law to machine-readable software. While many of the legal principles and policy debates concerning software copyright have close parallels in other domains of copyright law, there are a number of distinctive issues that arise with software.
A copyright cannot be granted to a non-citizen whose country has not been acknowledged as in a reciprocal copyright arrangement with the United States by a formal presidential proclamation. Because the non-citizen is not granted a copyright, they cannot assign a copyright for a work to a citizen of a country with American copyright privileges.
A software license is a legal instrument governing the use or redistribution of software. Since the 1970s, software copyright has been recognized in the United States. Despite the copyright being recognized, most companies prefer to sell licenses rather than copies of the software because it enables them to enforce stricter terms on redistribution.
The copyright law of the United States grants monopoly protection for "original works ... [58] braille [59] software backup copies, [60] "cover license" permitting ...
Computer software is protected by copyright (affirmed and obsoleted by subsequent legislation). Sony Corp. of America v. Universal City Studios, Inc. (the "Betamax case") 464 U.S. 417: 1984 Products with substantial non-infringing uses (video recorders) may be sold even if they can be used illicitly.
To approach this issue, the court fully supported the claim that non-literal elements of software are protected under copyright. Software is considered a literary work for the purposes of copyright law, and non-literal elements of literary works are protected under copyright. As such, non-literal elements of software are also protected.
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In September 2010, the U.S. Court of Appeals for the Ninth Circuit reversed, holding that "a software user is a licensee rather than an owner of a copy where the copyright owner (1) specifies that the user is granted a license; (2) significantly authorized the user's ability to transfer the software; and (3) imposes notable use authorizations."
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