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32 Jurimetrics J. 571 (1991-1992)
Nondisclosure of Preexisting Works in Software Copyright Registrations: Inequitable Conduct in Need of a Remedy

handle is hein.journals/juraba32 and id is 583 raw text is: NONDISCLOSURE OF PREEXISTING WORKS IN SOFTWARE COPYRIGHT REGISTRATIONS: INEQUITABLE CONDUCT IN NEED OF A REMEDY Philip Abromats* I. INTRODUCTION Copyright law is today the most common and effective means for the protection of intellectual property rights in software.' It is a powerful weapon against infringement, providing injunctive relief,2 damages3 and attorney's fees4 to developers whose works have been unlawfully copied. Not only is copyright's protection robust, it is automatic as well, arising as soon as the work is fixed in a tangible medium of expression.5 To enforce a copyright however, its holder must first register it with the Copyright Office,6 where it is examined for copyrightability and compliance with statutory formalities.' *Law Clerk, Honorable Richard L. Nygaard, U.S. Court of Appeals for the Third Circuit. The author gratefully acknowledges the assistance of Professor Pamela Samuelson in the prepara- tion of this article. Copyright © 1992, Philip Abromats. All rights reserved. 1See Peter S. Menel, An Analysis of the Scope of Copyright Protection for Application Programs, 41 STAN. L. Rv. 1045, 1079 (1989). 217 U.S.C. § 502 (1988). Infringing articles may also be ordered impounded and destroyed. 17 U.S.C. § 503 (1988). '17 U.S.C. § 504(1988). Section 504(b) allows recovery of actual damages and the infringer's profits, while section 504(c) provides statutory damages. 417 U.S.C. § 505 (1988). Costs are also recoverable. Id. 5See infra notes 18-19 and accompanying text. 617 U.S.C. § 411(a) (1988). No statutory damages or attorney's fees can generally be recovered for acts of infringement occurring before registration occurs. See 17 U.S.C. § 412 (1988). 7See 17 U.S.C. § 410 (1988). SUMMER 1992

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