Texas Law
Texas Intellectual Property & Computer Law
- Intellectual Property & Computer Law
Intellectual Property & Computer Law
The creative ideas generated by businesses are among their most important strategic competitive tools. This creative output is afforded protection under the law, but if not properly managed, a company's ideas can be used by others and result in a loss of competitive advantage. The law gives different kinds of protection to different categories of intellectual property. Which category applies depends on the particular subject matter in question. This chapter summarizes three types of intellectual property protection--copyright, patents, and trademarks--and includes some information unique to computer law. The Arts, Entertainment & Sports Law Chapter discusses intellectual property issues of concern to persons in those fields.
Copyright
A copyright is an exclusive property right, granted to the creator of an original work, that prohibits any unauthorized use or reproduction of the work. Federal law governs copyright issues and procedure.
Coverage
Various things can be copyrighted: literature, drama, music, sound recordings, computer software, advertising copy, motion pictures, choreography, pantomimes, and architectural works. What all of these items have in common is an original expression of an idea. Copyright applies only to the expression of the idea, however, not the idea itself.
Whether something infringes on a copyright is difficult to discern; thus, a great deal of case law has been generated on the subject. For example, in a written work, outright plagiarism (that is, the exact copying of words) is infringement, but a copyright does not prevent others from using the facts and ideas used in that work.
Copyright is separate from the subject matter of the copyright. For example, if a person buys a painting from an artist, he or she buys the painting only and not the copyright. If the buyer makes copies of the painting and sells them, the buyer is infringing on the artist's copyright. Copyright gives the creator of the work the exclusive right to reproduce, perform, display, and distribute copies of the work, and to prepare other works based on the copyrighted work. An owner of a copyright may sell one, some, or all of these exclusive rights. For example, the author of a novel might sell the movie rights to one person and the paperback rights to another. Not everything can be copyrighted, however. Among things not eligible for copyright protection are ideas, procedures, methods, names, slogans, works not fixed in a tangible form, and works made up entirely of public information, such as standard calendars and height and weight charts.
Duration
Copyright protection originates from the time the work is created; the work does not have to be published in order to receive copyright protection. There are no applications to fill out in order to have copyright protection. Copyright protection lasts a limited time; the time period depends on when the work was created and whether it was published. Generally, works created on or after January 1, 1978, have copyright protection from the time of creation throughout the creator's life, plus an additional 50 years. For works made during the course of employment, the duration of copyright is 75 years from publication or 100 years from creation, whichever is shorter.
Owner
The owner of a copyright typically is the creator of the work. However, if a person is employed by another and creates the work while on the job, the copyright is owned by the employer, not the employee. This is known as "work made for hire." If a person hires an independent contractor to create a work, he or she does not necessarily own the copyright. In this situation, the parties should decide up front who owns the copyright and whether the work is work made for hire.
Notice and Registration
As stated previously, copyright protection arises when a work is created. It does not require registration and, for works created after March 1, 1989, it does not require a copyright notice on the work. However, a person has the option to give notice that the work is copyrighted and register a copyright. It is a good idea to place a copyright notice on all creative works. If there is an infringement of a copyright, a court will not allow the party who infringed to claim that he or she did not know that the work was copyrighted if a notice was placed on the work.
A copyright notice contains three parts:
- The word "Copyright," the abbreviation "Copr.," or the symbol "©"
- The year the work first was published
- The name of the copyright owner
Besides placing a copyright notice on an original work, a person also may register the copyright. Registering a copyright is not required, but it provides three benefits: it creates a presumption that the copyright claim is valid, it allows the possibility of an award of attorneys' fees and statutory damages in an infringement case, and it is a prerequisite to bringing an action for copyright infringement.
Registering a copyright is relatively straightforward. The registration should be done within three months of publication. A person must complete an application supplied by the Copyright Office of the Library of Congress, and send the form to the Office with a filing fee and copies of the work. The number of copies to be supplied depends on whether the work has been published, whether the work has been published outside the United States, or if the work is a contribution to a collective work.
Infringement
A copyright prevents the unauthorized copying of a protected work. Therefore, the critical issue in any copyright infringement lawsuit is whether the defendant actually copied the original work. A plaintiff can prove copying by direct evidence or, because direct evidence may be difficult to obtain, by a two-part test that shows copying by circumstantial evidence. First, the plaintiff must show the defendant had access to the copyrighted work; second, the plaintiff must show that the copyrighted work and the alleged infringing work are substantially similar. If the plaintiff is successful, he or she may be entitled to actual damages in addition to injunctive relief. As noted, statutory damages and attorneys' fees also may be available if the plaintiff registered the copyright before the infringing acts occurred.
Keep in mind that copyright only protects against unauthorized copying, it does not give the owner an exclusive right to an idea. Thus, if two poets write the same poem independently of each other, there is no copyright infringement.
Fair Use
Although a copyright gives its owner exclusive rights, "fair use" of a copyrighted work is not considered an infringement of copyright. Fair use includes copying for purposes such as news reporting, teaching, research, and comment and criticism. Factors to be considered in determining whether use is fair use include the purpose of the use, whether the use is for profit, the amount of the work used, and the effect of the use on the value of the work. There also are exceptions for libraries and teachers.
Patent
A patent is a right granted by the federal government to an inventor to exclude others from making, using, or selling an invention. The invention must be novel and non-obvious in order to qualify for a patent. The rationale behind patents is to reward an inventor for the time and effort used in creating an invention. A patent is granted for a limited time period. After a patent expires, the inventor loses the exclusive rights to the invention. A patent protects an invention only in this country. If an inventor wants to have protection in other countries, those countries' patent procedures must be followed.
Patent Categories
Generally, an invention must be new, useful (except for a design patent, which must be ornamental), and not obvious in order to be granted a patent. There are three categories of patents: utility patents, design patents, and plant patents. A utility patent is granted to anyone who invents or discovers any new or useful process, method, machine, manufacture, composition of matter, or any improvement thereof. A new industrial or technical process may be patented. A utility patent is granted for a term of 17 years. A design patent is granted to anyone who invents a new, original, and ornamental design for an article of manufacture. The appearance of the article is protected under this patent. A design patent is granted for a term of 14 years. A plant patent is granted to any person who invents or discovers and asexually reproduces any distinct and new variety of plant. The plant variety can be any mutant, hybrid, or newly found seedling, except a tuber-propagated plant or a plant found in an uncultivated state. A plant patent is granted for a term of 17 years.
Application
In order for a patent to be granted to an inventor, an application for a patent must be filed. Once an inventor applies for a patent, the inventor may proclaim that his or her product has a patent pending, but this does not provide any protection against infringement. It only serves as a warning to others that a patent may be forthcoming. A patent application is made to the Patent and Trademark Office, which is part of the United States Department of Commerce. A patent application is confidential; however, if a patent is granted, the application becomes public information.
The application includes three components. First, the applicant must submit a written document that describes the invention and states the claims of the inventor. The statement must be in such detail that a person knowledgeable in the subject matter area could build and use the invention based on the information provided. The claims must state the patented characteristics of the invention. This document also must contain a declaration by the inventor that he or she believes himself or herself to be the original and first inventor of the application's subject matter. The declaration must be notarized. The second component of the application is drawings that illustrate the invention. An inventor should supply as many drawings as necessary to describe the invention. The third requirement is the filing fee. The fees may be reduced by 50 percent if the patent applicant is an individual, small business, or nonprofit organization.
After a patent application is filed, a patent examiner reviews the application. The examiner may allow the patent, reject the application, or object to the application. A rejection means that the examiner believes the invention should not be granted a patent, while an objection means that there is a problem with the application. A problem with the application can be fixed; an inventor can amend the patent application to address the concerns raised by the examiner. An inventor can appeal a patent rejection.
A patent will not be granted if the invention was in public use or on sale in the United States more than one year before the inventor files the application. Even an inventor's own use of the invention may bar him or her from receiving a patent if the use occurred for more than one year before application. A patent also will not be granted if the invention was the subject of a patent application in another country that has matured more than one year prior to the filing of a patent application.
When a patent is granted, an inventor must pay an issuance fee. Also, maintenance fees for the patent are paid three times during the patent period to keep the patent in force.
Patents are granted only to the inventor; however, an inventor may sell the rights to the patent or sell a license whereby another can pay a fee to use the patent. The license may be exclusive or nonexclusive. If the rights to a patent are assigned, the assignment should be registered with the Patent and Trademark Office.
Before an inventor applies for a patent, a search should be done to determine whether a patent already has been granted for the invention. This search may be expensive. The Public Search Room of the Patent and Trademark Office is the primary source of information. Also, Patent and Trademark Depository Libraries have been established in Texas at the Dallas Public Library, the McKinney Engineering Library at the University of Texas in Austin, the Sterling C. Evans Library at Texas A & M University in College Station, and the Fondren Library at Rice University in Houston.
Each invention developer offering or rendering services in Texas must maintain a bond issued by a surety company authorized to do business in Texas. The principal sum of the bond must be the greater of five percent of the invention developer's gross income from the invention development service in the state during the last fiscal year, or $25,000. A copy of the bond must be filed with the Secretary of State. Invention development services also must disclose the number of customers who have received additional money by virtue of the work done by the service.
The Patent and Trademark Office maintains a register of attorneys and agents who meet the legal, scientific, and technical requirements to practice patent law, and who agree to uphold high standards of professional conduct.
Trademark
Perhaps the best definition of what a trademark is used for was provided by the United States Supreme Court in 1942, which stated that "a trademark is a merchandising shortcut which induces a purchaser to select what he wants, or what he has been led to believe he wants." A trademark is a word, phrase, symbol, or design, or a combination of those items, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" often are used interchangeably to refer to both trademarks and service marks. Rights to a trademark arise when a trademark is used or an application to register is made and the applicant intends to use the mark. A trademark gives the owner exclusive use of the trademark as long as it is used to identify goods or services.
As is the case with copyrights, federal registration is not necessary for a trademark to be protected. A trademark is good from the first time a product is used in interstate commerce. A mark may lose its trademark significance if it becomes associated with a generic name. For example, the terms "nylon" and "escalator" were trademarks that became generic terms. A trademark may be registered with either the United States Patent and Trademark Office or the Texas Secretary of State. Registration in one office does not register the trademark in the other office.
Anyone considering adopting a trademark first should have an attorney conduct a trademark search of both state and federal registers to discover if there are already any similar trademarks. If there are, it is best to pick a different trademark. It is wise to avoid the possibility that someone with a similar trademark files suit for infringement. Trademark litigation can be expensive. Once a person has adopted a trademark, he or she must continue to use it. Trademark protection is lost after two consecutive years of non-use.
Federal Trademark Registration
As previously mentioned, federal registration of a trademark is not required; however, there are two basic benefits of registration. First, the owner of a federal trademark registration is presumed to be the owner of the trademark. Second, the owner of a federal trademark registration is entitled to use the trademark nationwide.
An application for federal trademark registration goes through two stages. First, the application must be accepted. Second, once the application has been accepted, the process to determine trademark registration begins. An application to register a trademark must be filed in the name of the owner. The owner can be an individual, partnership, or corporation. An owner who already has begun using a trademark may file an application based on that use, and someone who has not yet used a trademark may make an application based on an intention to use the trademark. Use of a trademark in promotion or advertising before the trademark is used with the products or goods does not qualify as use. If an owner files an application based on intent to use the trademark, she or he must use the trademark and submit proof of this use before the trademark will be registered.
The application consists of a completed application form, a drawing of the mark, and a filing fee. There is a separate filing fee for each class of goods or services listed in the application. The Patent and Trademark Office maintains a list of over 40 class categories, from furniture to clothing to chemicals. If the application is based on the use of the trademark, the application must include three examples per class showing actual use of the trademark. A separate application must be filed for each trademark a person wishes to register. The applicant must be careful when identifying goods and services, because an application may not be amended later to add goods or services not within the scope of the original identification. After an application is filed, it is reviewed to determine if it meets the minimum requirements. If it does, the application is given a serial number and the applicant is sent a receipt. If minimum requirements are not met, the application and the fee are returned to the applicant.
After an application is accepted, an examining patent and trademark attorney reviews the application to determine whether the trademark should be registered. If the attorney decides that the trademark should not be registered, a letter is sent to the applicant stating the grounds for refusal. The applicant must respond with objections within six months or the application will be abandoned. If the applicant's response does not overcome the attorney's objections, a final refusal will be issued. A common reason for refusing to register a trademark is the likelihood of confusion between the applicant's trademark and a trademark that already has been registered. If there are no objections to the application or the objections have been overcome, the attorney will approve the trademark for publication in the Official/Gazette, a weekly publication of the Patent and Trademark Office. Any party who believes that it may be harmed by registration of the trademark has 30 days to file an opposition to the trademark, which is heard before the Trademark Trial and Appeal Board.
If no oppositions are raised, the application continues in the registration process. The next step depends on whether the application is based on actual use of the trademark or intent to use the trademark. If the application is based on the actual use of the mark, the Patent and Trademark Office registers the mark and issues a registration certificate. If the application is based on the party's intent to use the trademark, the Patent and Trademark Office issues a Notice of Allowance. The applicant has six months from the date of the notice either to use the trademark and send to the Office a Statement of Use with three samples of use per class, or to request an extension of time. If the Statement of Use is filed and approved, the Patent and Trademark Office then issues a registration certificate. There is an additional fee per class for these filings.
As mentioned, before a person applies for federal registration of a trademark, a search should be done to determine whether there are any conflicting trademarks. The application fee is not refunded if a conflicting trademark is found. Also, one would not want to spend resources on a trademark that is not available. Searches may be done at the Public Search Room of the Patent and Trademark Office or at one of the Patent and Trademark Depository Libraries in Texas.
The term of a federal trademark registration is ten years, with ten-year renewal terms. Besides registering a trademark claim, a person also may give notice to the public that trademark rights are claimed. The "TM" symbol or the "SM" symbol may be used by anyone to notify the public of the claim. Use of the registration symbol is permitted only when the trademark has been registered with the Patent and Trademark Office.
State Trademark Registration
A trademark also may be registered with the Texas Secretary of State's Office. A state trademark registration is not equivalent to federal registration. A trademark that is registered with the United States Patent and Trademark Office does not need to be registered with a state because federal registration gives the owner the rights to that trademark nationally. However, a party who has not registered a trademark federally may wish to file the trademark with the state. For example, if a person is operating a small business in Texas and has no intention of expanding the business, he or she may consider registering the trademark with the Secretary of State to protect his or her interests only in the state of Texas. State registration only provides protection in that state, so a person can have a trademark registered in Texas and another person could legally use the same trademark in Oklahoma.
A trademark registration in Texas takes less time and money than the federal registration. A party must submit an application to the state with the appropriate filing fee. A trademark registered in Texas is protected as long as the trademark continues to be used. The initial term of a trademark registration is ten years with subsequent renewal periods. Registering an assumed name or a corporate name in Texas is not trademark registration and does not provide trademark protection.
Theft of Trade Secrets
Texas law provides protection for a broad category of sensitive business information. The law provides that it is a felony of the third degree to steal, copy, communicate, or transmit a trade secret. The law defines a "trade secret" as scientific or technical information, including a formula, design, procedure, improvement, or process, that has value. Additionally, the owner must have made some effort to limit access to the information or to keep the information secret. It is important for businesses to realize that the definition requires them to take steps to keep information secret; an employer may not claim theft of a trade secret if there was no effort to treat the information as a secret.
An attorney experienced in this area can advise on the steps appropriate for a particular business to take to protect trade secrets. By maintaining a strict policy regarding the identification, communication, and use of trade secrets, a business generally can avoid problems before they start. Some practical means by which a company can help avoid theft of its secrets include reminding employees about confidential communications before and after the discussion of a trade secret, asking employees to sign confidentiality agreements, and denoting sensitive communications with the word "secret," or "confidential."
Computer Law
Not surprisingly, computer law is a new legal specialty. As computers increasingly have become integrated into the business world, to the point that they are indispensable to large and small businesses alike, legal issues also have increased. Because many of the issues computer lawyers deal with are identical to the intellectual property issues covered in the previous sections, computer law is included in this chapter. However, not all computer law is patent and trademark law. There are other legal questions that business decision makers must face and for which businesses should obtain good legal counsel from someone specializing in computer law. These include contract negotiation, liability issues, and special laws and regulations designed to prevent computer abuse, fraud, and criminal infractions. Some computer law issues are beyond the scope of this Guide, such as unique tax questions and constitutional privacy issues.
Computer Copyright, Patent, and Trademark
Computer programs--or software--may be protected in the same way other intellectual property is protected. Computer programs may be patented in certain circumstances. The procedure for obtaining a patent on software is no different than it is for obtaining a patent on anything else, and the same requirements apply. Software also can be copyrighted. Some of the issues discussed above, such as expense and delay, may make copyright a more feasible option than patent for developers of software. Again, the same issues arise with regard to copyrighted software as with other works: who owns the copyright, for example. Finally, businesses also should include computer programs within their general policies governing trade secret protection.
Computer Contracts
In a sense, a contract is a contract. Any contract, no matter what its subject, must include certain elements in order to become valid and enforceable. One party must make an offer, the other party must accept the offer within a reasonable period of time, and the contract must be supported by consideration. (These elements are detailed in the Contract Law Chapter.) If one party does not comply with the terms of the contract, the other party may file a breach of contract lawsuit to enforce the contract's terms or to force the breaching party to pay damages. Contracting over computers is no different.
However, there are specific aspects of using, selling, buying, or operating computers that require specific types of contracts. A smart businessperson should be aware of the types of agreements or clauses within agreements that are particularly important with regard to computers.
Standard Contracts and Specific Clauses
As noted, many times computers will be the subject of contracts that differ only slightly from contracts concerning real estate, construction services, or sale of a business. People or businesses may contract to buy and sell computer hardware or computer systems. A business may contract with a computer maintenance service for inspection and service of all computers on a monthly or semi-monthly basis. Some companies may contract out all computer management to another company that is responsible for customizing the computer system to the business' needs, programming, and operation; even management of computer or data-processing personnel may be outsourced to such a company. Obviously, any of these negotiations should end in a sound and detailed contract that, like any contract, provides for liabilities and responsibilities in the event any problems arise.
A business that is party to such a contract may want to pay special attention to certain issues, as well. The fact that computer technology is changing at a staggering pace raises some important contract concerns. Computer terminology may not be understood by the business people or representatives negotiating the contract. All terminology should be defined in the contract. A good rule to follow in this regard is not to assume anything. A company vice president should not presume, for example, that if he or she is not familiar with a particular phrase, the best strategy is just to let it pass and rely on the manager of information services to know what it means. As is true in the most basic of contracts (in which even basic terms such as "buyer" and "seller" are defined), all computer terminology should be defined. This is especially important because computer terms may change even during the life of the contract.
The rate of change in computer technology also means that there are few applicable standards or governing regulations or even laws. Many industry contracts rely on industry-wide standards to define the parameters of acceptable conduct under a contract, or look to industry custom to determine whether a party fulfilled his or her responsibilities. Again, because of the rapid rate of growth, what is standard in the computer industry today may have changed entirely by tomorrow. Computer contracts detail how disputes will be resolved, what standards will be used, who has responsibility for licensing or acquisition of software, whether there are warranties on goods, whether service contracts are included, whether damages are liquidated, and "act of God" or disaster contingencies.
Software Licensing
One kind of contract specific to computer contracts is software licensing. Because of the unusual nature of these kinds of arrangements, the law of software licensing is uncertain. The problem arises from the nature of the software itself. Most users of software know how to obtain software without actually purchasing or renting it. Pirating software in this way obviously is illegal, and manufacturers have discovered ways to make it more difficult. More of a concern for developers of software is how to prevent buyers from copying software they purchased legitimately, then returning it for a refund. Manufacturers have dealt with this problem by selling software (and its license) in "shrink-wrapped" packages. A box of this type contains a license that is visible through the package, and clearly states that the person who opens the package agrees to the licensing terms. Known as "tear-me-open," "box-top," or "self-executing" licenses, these documents are a way for manufacturers to attempt to avoid the problem of the buyer obtaining the privilege of use that is the true value of the commodity sold. As any good businessperson would guess, however, an agreement that is "self-executing" by its nature may not contain the requisite contract elements to make it enforceable. Some states, not including Texas, have attempted to make these agreements enforceable by statutory declaration of their enforceability. But commentators are wary. Using box-top licenses may not be the most reasonable way for manufacturers to license their software. All of these issues should be addressed, prior to creating a licensing agreement, with an attorney whose expertise is in staying abreast of developments in this area.
Other Software Contract Issues
Other peculiar issues arise when contracting over computer software. Sale and licensure of software by the manufacturer to the user is only one, albeit significant, issue. As discussed above, contracts for software development must address copyright and patent issues. Companies in the business of developing software should write into all employment agreements that the business retains all rights and ownership of developed products. Agreements with independent contractors or separate businesses to develop software likewise must address the question of ownership. Buyers of software should ascertain whether there are restrictions on use. Warranty clauses, including those governed by the Uniform Commercial Code, may need to be included or expressly disclaimed. A specific type of express warranty, called a "reliability warranty," is particularly applicable to software. Basically, this warranty ensures that a computer system will continue to be available for the user to carry on his or her business. A seller of a computer system warrants that it will repair or replace malfunctioning equipment, and that it will do so within a specified period of time. Usually, there is also an economic penalty for failure to do so. Without such a warranty clause, a business could be seriously injured if a computer system went down for any significant period of time. Basic equipment leases, noncompete clauses, confidentiality agreements, and damages clauses also should be addressed.
Tort Liability
Buyers, sellers, and users of computers should be aware of unique liability issues in computer law. As is true of computer contracts, the basic elements of tort causes of action are no different in principle than in any other substantive area of law. But, because computers by their nature create potential for widespread and substantial damage, some special issues arise. Negligence liability can attach to a computer manufacturer. As in any negligence action, the plaintiff must prove that the defendant owed a duty, the defendant breached the duty, the breach caused the injury, and actual damages resulted. The extent of any duty is based on a reasonable person standard. In the world of computer litigation, an interesting problem arises concerning duty. Because judges and juries usually are not computer experts, they may have unrealistic expectations of how reasonable computer manufacturers should act. Unrealistic standards of care may result, that is, too much or too little may be expected of manufacturers. For example, application software is, by its nature, prone to problems. To what extent is problematic software the responsibility of a manufacturer? The average jury may not benefit from knowing that a manufacturer has a duty to create application software as a reasonable manufacturer would. Another element of negligence law that is particularly troublesome as applied to computers is causation. Locating the source of a problem may require costly experts; even so, the complex interplay of computer software, computer hardware, networks, utilities, viruses, and human error may make locating the party who should be held liable nearly impossible. Other negligence questions that may arise concern liability for inaccurate data and liability for failure to use state-of-the-art technology.
Liability of individuals for failing to exercise reasonable care may arise in many aspects of computer business. Malpractice liability akin to professional malpractice liability (such as that faced by doctors or lawyers) has not developed as a viable way of holding people culpable for computer negligence. This is true in part because it is difficult to define a "computer professional" and because no universal standards exist to measure error. This does not mean, however, that service providers cannot be found responsible for negligence. Based in the common law theory of liability for reasonable reliance on representations, for example, service providers such as programmers, suppliers, electronic bulletin board operators, systems operators, or even auditors may find themselves liable for negligent failures. Finally, a business owner may find that the computer system he or she thought would make running the business simpler actually creates potential for liability. Businesspersons should be aware that breach of security in internal computer systems, failure to keep data confidential, and even inadequate training of personnel who access computers may ultimately cause problems for which the business may be liable. A computer lawyer will be able to advise a business how to create and comply with standards that will help it avoid such liability.
Computer Crimes and Abuses
Computer crime is an area of the law in which the government appears to be playing catch-up with the growth in new technologies. Some variations of computer crime are so new that there are no specific laws to address them, and general laws in existence do not seem adequate in proscribing the particular illicit activities. More details about computer crimes can be found in the Criminal Law: White Collar Defense Chapter. Conduct specifically outlawed by federal statue includes gaining unauthorized access to confidential national security information; obtaining, without authorization, the financial information of a financial institution or a credit card issuer; intentionally accessing, without authorization, a computer of a federal department or agency; accessing a federal interest computer, without authorization, to further a fraud, obtain anything of value, or alter, damage, or destroy information; and trafficking in a password through which a computer is accessed, without authorization, if the computer affects interstate or foreign commerce or is used by or for the government.
Texas law also recognizes crimes that involve a breach of computer security, including knowingly accessing a computer, computer network, or computer system without the owner's consent. It is also a crime to intentionally or knowingly give a password, identification number or other confidential information about a computer security system to another person without the consent of the person. Computer crimes carry severe penalties, especially if the person committing the offense intended to obtain a benefit or defraud or harm another. The severity of the penalty is influenced also by the amount of the benefit sought or the harm inflicted. In addition, the Texas statutes allow a person who has been injured as a result of a computer crime to bring a civil action against the perpetrator if the crime was committed knowingly or intentionally.
Resources
To order copyright registration forms from the United States Copyright Office, call (202) 707-9100. To speak to a copyright specialist, call the Copyright Pubic Information Office at (202) 707-3000 between 8:30 a.m. and 5:00 p.m., Eastern time, Monday through Friday, except federal holidays.
In addition, frequently requested Copyright Office circulars, announcements, and the most recently proposed as well as final regulations are available on the Internet. These documents may be examined and downloaded through the Library of Congress campus-wide information system, LC MARVEL, which can be reached through Telnet (marvel.loc.gov), Gopher (marvel.loc.gov) and the World Wide Web (http://www.lcweb.loc.gov/copyright). The mailing address is Copyright Office, Library of Congress, Washington, DC 20559.
For information about federal patent or trademark registration, contact the United States Department of Commerce, Patent and Trademark Office, Washington, DC 20230, (703) 308-HELP or (703) 557-INFO (automated), TDD (703) 305-4487.
For Texas trademark registration information, contact the Texas Secretary of State, P.O. Box 13697, Austin, TX 78711, (512) 463-5702, fax (512) 475-2761.
Patent and Trademark Depository Libraries, where searches can be made for conflicting patents or trademarks, are located in Texas at:
- McKinney Engineering Library, University of Texas, Austin, (512) 495-4500
- Sterling C. Evans Library, Texas A & M University, College Station, (409) 845- 2551
- Dallas Public Library, Dallas, (214) 670-1468
- Fondren Library, Rice University, Houston, (713) 527-8101
Another useful publication is David F. Simon, Computer Law Handbook: Software Protection, Contracts, Litigation, Form (American Law Institute - American Bar Association, Philadelphia, PA 1990).