If you develop software, parts of your program may include trade secrets or other details you want to keep private. That can make copyright registration difficult when the U.S. Copyright Office asks you to provide code with your application.
You usually do not have to provide your entire program. Federal rules let you send only certain portions of the code. The Copyright Office also offers special filing options when parts of your program qualify as trade secrets.
How much code do you submit?
When none of the code you submit involves trade secrets, you generally provide 25 pages from each end of the program. If the entire program runs 50 pages or fewer, you provide all of it and tell the Office that you submitted the complete version. If your program displays a copyright notice, you also provide the page where that notice appears.
The Copyright Office calls the material you provide a deposit. For a longer program, these limits give the Office enough material to review your claim without requiring the entire codebase.
What if your code includes trade secrets?
If parts of your program qualify as trade secrets, the Copyright Office gives you several ways to limit what you disclose. One option reduces the amount you provide. You can send 10 pages from the beginning and 10 from the end without covering any material.
Another option lets you conceal secret portions. You provide 25 pages from the beginning and another 25 from the end, then block out the material you want to keep private. The hidden sections must account for less than half of what you submit. You also have to tell the Office in writing that your deposit includes trade secrets.
The code you leave visible must give the Office enough copyrightable material to examine your claim. If you hide too much, the Office may require a different deposit.
Plan what you submit
Copyright registration does not always require you to disclose your full program. You might want to identify the portions you treat as trade secrets before choosing a deposit option. Reviewing those sections first helps you limit disclosure while preparing for the copyright filing and related software law issues.