Challenging The Validity Of Software Copyright Registrations: The Deposit Copy Requirement

March 25, 2013 - from DisputeSoft

Challenging the validity of a software copyright registration is a fundamental and effective strategy for a party accused of copyright infringement. If a federal court finds that the registration is invalid, the court will dismiss the infringement suit. A registration is invalid if it contains material errors. While immaterial errors, such as inaccurately stating the date of the work’s creation or failing to list preexisting works or coauthors, do not jeopardize the validity of a registration, the failure to submit a “proper deposit copy” is deemed a material error, and therefore can invalidate the entire copyright registration. In this article we explore methods for assessing whether a deposit copy is proper in the context of software copyright registrations.

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