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Physical Sciences and Mathematics

2018

Catholic University Journal of Law and Technology

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Providing Protection To Programmers' Works: Disregard The Merger Doctrine And Adopt The Application Approach, Akshay Jain Jan 2018

Providing Protection To Programmers' Works: Disregard The Merger Doctrine And Adopt The Application Approach, Akshay Jain

Catholic University Journal of Law and Technology

In today’s technological landscape, computer programs are one of the most highly complex and popular inventions. However, they still receive little or sometimes no legal protection. As a consequence, programmers are reluctant to create new programs, discouraging innovation and preventing the public to benefit from using these inventions. If the court does afford them copyright protection, they may still not receive legal damages for copyright infringement because the court would not consider their program registered under the Copyright Act of 1976.

This Comment argues for greater copyright protection for programs by disregarding the merger doctrine, which does not provide protection …