Law mentioning public domain software

From: Joseph Pietro Riolo <josephpietrojeungriolo[_at_]gmail.com>
Date: Wed, 08 Feb 2006 13:05:01 -0500


For those who are not aware that there exists a law that mentioned public domain software, here is the information.

Section 805 of Public Law 101-650, 104 Stat. 5089 (1990) that became law on 12-01-1990:

    SEC. 805. RECORDATION OF SHAREWARE.
(a) IN GENERAL- The Register of Copyrights is

          authorized, upon receipt of any document designated
          as pertaining to computer shareware and the fee
          prescribed by section 708 of title 17, United States
          Code, to record the document and return it with
          a certificate of recordation.


(b) MAINTENANCE OF RECORDS; PUBLICATION
OF INFORMATION- The Register of Copyrights is authorized to maintain current, separate records relating to the recordation of documents under subsection (a), and to compile and publish at periodic intervals information relating to such recordations. Such publications shall be offered for sale to the public at prices based on the cost of reproduction and distribution.
(c) DEPOSIT OF COPIES IN LIBRARY OF
CONGRESS- In the case of public domain computer software, at the election of the person recording a document under subsection (a), 2 complete copies of the best edition (as defined in section 101 of title 17, United States Code) of the computer software as embodied in machine-readable form may be deposited for the benefit of the Machine-Readable Collections Reading Room of the Library of Congress.
(d) REGULATIONS- The Register of Copyrights
is authorized to establish regulations not inconsistent with law for the administration of the functions of the Register under this section. All regulations established by the Register are subject to the approval of the Librarian of Congress.

Code of Federal Regulations, Title 37, Volume 1, Section 201.26(b)(3), 37 CFR 201.26(b)(3):

     (3) Public domain computer software means software
     which has been publicly distributed with an explicit
     disclaimer of copyright protection by the copyright owner.

The above law can be obtained at http://thomas.loc.gov and the regulations at http://www.gpoaccess.gov/cfr/index.html.

Joseph Pietro Riolo
<josephpietrojeungriolo[_at_]gmail.com>
<riolo[_at_]voicenet.com>

Number of days left until 1-1-2019 when all knowledge of 1923 in the land of the U.S.A. will be freed from their copyright owners' prisons: 4,710

Public domain notice: I put all of my expressions in this post in the public domain. Received on Wed Feb 08 2006 - 23:05:01 GMT

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