Q: Hello JUSTIA Patents, I have a question, about copyrighting, eventually on a source code. What to do?
I have my own source code, for an Deep Learning, GPT-3 based Artificial Intelligence, which is not associated in any ways with OpenAI´s ChatGPT. It was written from the scratch, and its well documented. How can I protect my code?
A: Source code is eligible for copyright registration, but infringement of copyright only applies when the wrongfully reproduced work meets the "substantial similarity" criteria under the Copyright Act. This can end up being a strategic decision, because competitors can seek to alter your copyrighted code "enough" to try to escape the "substantial similarity" category. That is why, sometimes, programmers rely on NDAs instead of copyrights in business negotiations, but this has its own inherent risk. The most important thing is that you are represented by competent IP counsel who can best protect, register and enforce your rights based on the unique circumstances of your proposed venture(s).
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