Object Code and Copyright

Most computers use compilers to translate programs written in programming languages (source code) into a language that the computer can recognize (object code). In essence, the object code, which uses ones and zeros (binary form that the computer can read and act upon) is much like translating a written message into Morse code signals for transmission. While object code is unintelligible to most humans, the courts have held that it qualifies for copyright protection as a form of expression and can, thus, be registered with the U.S. Copyright Office. Owners prefer the object code to the source code because the source code can be readily understood by skilled readers, allowing trade secrets to be lost.

However, the U.S. Copyright Office places the object code under the heading of "the rule of doubt," which means that because the Copyright Office cannot read or understand it, it expresses no opinion on whether the object code qualifies for copyright protection. In actuality, it does not consider the object code the best edition of the underlying work and expressly favors the source code as a computer program deposit instead. More acceptable deposits are the source code with strategic sections blacked out or a mixture of source and object code.

Computer Output

In some cases, the computer output itself may be copyrightable, aside from the underlying program code. An example of this would be characters in a game. Those characters may qualify for independent copyright protection. Other "outputs" that may be considered copyrightable are computer-generated slides, music created by a computer synthesizer, and laser light shows.

Title 17, Section 117: Limitations On Exclusive Rights: Computer Programs