VI THE GLEANER | SUNDAY, APRIL 28, 2024 INTELLECTUAL PROPERTY WEEK FEATURE | What is a computer program? Computer program is defined in Section 2 of the Copyright Act of Jamaica, 1993 (the ‘Act’) as a set of instructions, whether expressed in words or in schematic or other form, which is capable, when incorporated in a machine-readable medium, of causing an electronic or other device having information-processing capabilities to indicate, perform or achieve a particular function, task or result. We see computer programs in operation on a daily basis, for example, using cellular phones, laptops, as well as driving our programmed vehicles. It is those source codes which allow an output when we select a key on our devices that produce the desired result. A study done by the World Intellectual Property Organization (WIPO), in 1970 and 1980s, shows that there were extensive discussions on whether computer programs should be protected as copyright or as a patent. These discussions resulted in the generally accepted principle that computer programs should be protected by copyright, whereas apparatus using computer software or software-related inventions should be protected by patent. WHAT ARE THE RIGHTS OF THE AUTHOR/ OWNER OF THE COMPUTER PROGRAM? Copyright is defined by the Copyright Act of Jamaica as a property right. This means that the owner of a copyrighted work, whether literary, musical, dramatic and artistic work, has the exclusive right to use and to control the use of their copyrighted work. Some of these rights include copying the work, issuing the work to the public, broadcasting the work, making and adaptation of the work, and making the work available on the Internet. As the author of a computer program, the law provides that he/she is the first owner of the work, unless there is an agreement to the contrary. For example, in a contract for employment, where it is stated that the employer owns the copyright in the work, the author of the work cannot claim ownership of the work; however, he or she is considered the author of the work. WHY IS IT IMPORTANT TO PROTECT YOUR COMPUTER PROGRAMS? It is important to protect computer programs, like all other intellectual property rights. The fact that computer programs receive protection under copyright law means that this protection arises automatically upon creating the program. It is therefore recommended that authors and owners of computer programs utilise the voluntary copyright register to safeguard their copyrighted work. The purpose of utilising the register is evidence-based. In the event of an infringement, the individual who deposits the copyrighted works has evidence in court as the author and/ or the owner of the copyrighted work. Another way of safeguarding computer software is to utilise the poor man’s copyright, in which the codes are placed on a thumb drive and further in a sealed envelope. The sealed envelope is taken to the post office and a registered post is sent from the owner of the copyrighted work to him or herself. Upon receipt of the envelope, the owner should not open same; it will only be opened in court if ownership of the copyrighted work is disputed. It is important that adequate mechanisms are in place to ensure that your computer programs are safeguarded. MS SHANTAL ENGLISH Deputy Director/Legal Counsel COMPUTER PROGRAMS – Are they protected? It is important to protect computer programs, like all other intellectual property rights. The fact that computer programs receive protection under copyright law means that this protection arises automatically upon creating the program.
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