views:

261

answers:

5

I'd like to publish and copyright some source code.

However, I'm a minor living in the United States, and, as such, do not feel comfortable including my full name with my source code at this time.

Is it possible to maintain copyright over source code without giving out my identity to anyone who wants it? Can I do something like, say, "Copyright (c) 2010 Matchu", and specify that "Matchu" is the owner of, say, my GitHub account? Or am I stuck?

A: 

You as the author always hold the copyright. This can either be you individually, or as a corporate entity.

If your "username" is a legal entity, then you're in the clear. But bear in mind that in the case of copyright infringement, you must prove in court that you are the original author.

I wouldn't sweat being a minor. Place the copyright notice under your name.

Paul Lammertsma
A: 

Asking a bunch of programmers for legal advice is like asking World of Warcraft players for sex advice.

Paul Tomblin
-1, *all* programmers create copyrightable works. More than a few are likely to know how to protect those rights.
Hans Passant
@nobugz - more than a few know a lot less about it than they think they do, if the answers on any copyright question on this site are anything to go by.
Paul Tomblin
+1 to straighten this out. I'm a programmer and have very little knowledge of copyright.
Marko
+6  A: 

IANAL, but as I understand it the US Congress modified US copyright law back in the 1970's making copyrights automatic for all creative works, whether the author applied for the copyright or not.

So the main thing you need to be worried about is proving that you were the creator of the works and the date that they were created.

John Knoeller
This is the Berne Convention - to quote from the Wikipedia article "Copyright under the Berne Convention must be automatic" - the US ratified the convention in 1988.
anon
My attempt at proof: "(Matchu owns the account found at http://github.com/matchu, and his currentname, home address, and phone number make the following MD5 hash when strungtogether as a comma-delimited list: 82267d11ebc1841df34b404719268f27)" - good luck trying to find a collision for *that*
Matchu
@Matchu: sounds good to me, but you still need to prove the DATE as well as the content. (and IANAL, proving it to me gets you nothing)
John Knoeller
Easy enough to satisfy: check the identiy declaration into github. It will log the timestamp of the checkin.
Joshua
It's in, so I suppose I'm good to go. Thanks!
Matchu
+1  A: 

I think I read somewhere that in the US your work is copyrighted whether you have a notice or not

PeanutPower
A: 

You can; copyright works the same for programs as for novels, and many writers have used pseudonyms. However, a pseudonym makes it harder to prove you are the author.

(Re copyright notices, my (edit: incorrect) understanding is that you need to put one in the US, which is unlike what most Berne convention signatories require. Implicit copyright would also however be weakened by a recently proposed “orphaned works” law that makes it easier to challenge copyright of an unregistered work)

Tobu
This is what happens when you rely on programmers for copyright advice instead of talking to a copyright lawyer. The US doesn't require a notice for copyright protection, but copyright registration substantially increase the amount of damages you can claim in the case of proven infringement.
Paul Tomblin
Copyright wasn't automatic until 1989, and as you point out even now the author's rights are not the same whether you registered or not, which works around the Berne convention requirements. The balance of power isn't in favour of independent authors, and the orphan works proposal is another example of that.
Tobu
Let me also express my disaproval of the “lawyers only” attitude. The law affects everybody, not just lawyers and judges, and should be discussed by everybody concerned so they have a chance to understand it.
Tobu
@Tobu, fine, discuss it all you want. And if you don't mind losing all rights to your work, follow the advice you get from the idiots on the net. But if you care whether the advice you get will actually work, ask a lawyer.
Paul Tomblin
And as proof of my assertion, consider that every single answer or comment on this thread, except mine, contains incorrect or incomplete advice.
Paul Tomblin
So far the only thing you proved is your arrogance.
Tobu