Law on Intellectual and Artistic Works No. 5846 (FSEK) protects software (computer program) in the category of "scientific and literary work". There is no registration requirement; Protection begins as soon as the work is created.
Protected Element — Source Code and Entire
- Source code: Code written by humans (Python, JavaScript, C++, etc.).
- Compiled code: Made executable.
- Preparation material: Algorithm, flowchart, documentation.
- Screen design/UI:If it has creativity.
- Database structure: Under certain conditions.
Unprotected Element
- Idea of algorithm (under mathematical rule).
- Programming language.
- General interface conventions.
- Expressions, not ideas, are preserved (idea-expression dichotomy).
Financial Rights (FSEK art.21-25)
- Right of reproduction.
- Right to disseminate.
- Right to representation.
- Right of public transmission.
- Right to process (derivative).
- These rights can be transferred by contract.
Moral Rights (FSEK art.14-17)
- Authority to present the work to the public.
- Authority to state name.
- Authority to prevent the work from being changed.
- Protection of ownership of the work.
- Moral rights are non-transferable .
Within the Framework of the Employment Contract
- FSEK article 18: The financial rights of the software developed by the worker within the scope of his duties belong to the employer.
- Moral rights still belong to the worker.
- Special arrangements can be made in the contract.
- In the "Side project" claim, the burden of proof is on the worker.
Open Source Licenses
- MIT/BSD: Very broad permission (citation sufficient).
- Apache 2.0: Contains patent clause.
- GPL/AGPL: Derivative work must also be open source (copyleft).
- Creative Commons: Not preferred for software.
In Case of Violation
- Legal action:Seizure, suspension of publication, compensation.
- Criminal case: FSEK art.71-72 — 1-5 years imprisonment and judicial fine.
- Injunction: Removal of content at an early stage.
- Administrative process: Complaint to application stores (Apple App Store, Google Play).
Supreme Court 11th HD — Established Approach
11. HD requires "similarity analysis" to be carried out by a technical expert in software copyright violations; Pure functional similarity is insufficient, expression duplication is sought at the source code level. Whether similar software made through "reverse engineering" is considered a violation or not depends on the concrete case.
Proof of Infringement
- Date of creation of the work (commit history, e-mail).
- Obtaining the infringing work (download, licensed purchase).
- Expert report — code comparison.
- Market impact, loss of revenue.
Practical Tips
Software copyright files require technical expertise. Intellectual property and IT law lawyer recommended.