Copyrighting an Excel based tool

[NotAllThere]

I'd get a programmer to take what you've done and encapsulate it in some way into a standalone program.

[TheFaQQer]

Definitely Copyright I'm after, not Patent.

It's an auditing tool. Client answers specific questions about the state of their system(s) based on a standard approch. The tool scores them, reports on compliance levels and highlights areas of risk in a nice, simple, senior management friendly way.

I wrote it to take the legwork out of doing audits for clients. I'm happy to give them a copy as part of the package when they engage me, what I dont want is for it to then be distributed willy nilly once I've gone.

Nothing original about what it does or how it does it, but I have put a lot of work into setting it up to be quick and easy to use and creating the questions and scoring criteria.

Copyright is no problem - you've got it when you created it.

If you are providing a copy to the client, then make sure that you have a well-worded EULA in place, which clearly states what they can and can't do with it.

If you can, stick something in the code which says which client it was delivered to as well - so if it turns up anywhere else, then you know where it came from.

[DaveB]

I think people (including, I suspect, the OP) are getting confused between copyright and patent.

Copyright, as has been said, is automatic. Anything you write is yours, and nobody can sell it or give it away without your say-so. This permission may have (almost certainly will have, in fact) been given when you signed your contract with the client. What copyright doesn't prevent is somebody else writing something to do the same job and selling it.

Patent is entirely different and needs to show originality. It's also very difficult and expensive to obtain, but once you've got your patent nobody else is allowed to reproduce the same work, even if the work is done entirely separately and without any reference to your patent.

Definitely Copyright I'm after, not Patent.

It's an auditing tool. Client answers specific questions about the state of their system(s) based on a standard approch. The tool scores them, reports on compliance levels and highlights areas of risk in a nice, simple, senior management friendly way.

I wrote it to take the legwork out of doing audits for clients. I'm happy to give them a copy as part of the package when they engage me, what I dont want is for it to then be distributed willy nilly once I've gone.

Nothing original about what it does or how it does it, but I have put a lot of work into setting it up to be quick and easy to use and creating the questions and scoring criteria.

[deckster]

I think people (including, I suspect, the OP) are getting confused between copyright and patent.

Copyright, as has been said, is automatic. Anything you write is yours, and nobody can sell it or give it away without your say-so. This permission may have (almost certainly will have, in fact) been given when you signed your contract with the client. What copyright doesn't prevent is somebody else writing something to do the same job and selling it.

Patent is entirely different and needs to show originality. It's also very difficult and expensive to obtain, but once you've got your patent nobody else is allowed to reproduce the same work, even if the work is done entirely separately and without any reference to your patent.

[MarillionFan]

It could also be that Dave has just created a simple macro and a pivot table and is completely over stating his solution. At which point I can offer Excel/VBA training for £600 per day.

[TheFaQQer]

OK OK, so if a report has never, ever, been created before from the information that the OP is referring to, then it is original and can be copyrighted. If previous reports exist but the OP has created a special way to do it then only that particular method is original and can be copyrighted. Agree?

As I read the original question, Dave has created a macro / series of macros which translate different data sets to produce a report. The copyright exists in the software that he has created - that's the original work.

If the software that Dave has produced to generate the report is not original, then he can't claim copyright - e.g. if all he has done is package together a load of existing scripts written by other people, then he can't claim copyright in the package because there isn't an original work.

If the software that Dave has produced to generate the report is not original, then he can't claim copyright - e.g. if all he has done is package together a load of existing scripts written by Dave, then he can claim copyright in the package as well as the original scripts .

If the software takes common manual tasks and turns them into an automated routine, then there is still original work in the software that has been written.

If the software is completely original then there is no doubt.

Another point for the OP to consider is that if said report has been created whist at a client and under contract, he should check his contract for any clauses around who the intellectual property will belong to.

Agreed. Even if anyone else owns the copyright, then in the UK you have the moral right to be identified as the author, though, if you wish.

[MrRobin]

OK OK, so if a report has never, ever, been created before from the information that the OP is referring to, then it is original and can be copyrighted. If previous reports exist but the OP has created a special way to do it then only that particular method is original and can be copyrighted. Agree?

Another point for the OP to consider is that if said report has been created whist at a client and under contract, he should check his contract for any clauses around who the intellectual property will belong to.

[MarillionFan]

Im going to guess, sounds like the OP has created a Macro/Add-in that collates data from an organizations assets/infrastructure na dproduces reports.

So you can copyright that as an application(ie can't blatantly copy it)

But it wouldn't stop someone else writing something similar.

I have an Excel reporting tool that allows me to write SQL against datasources and produce pivot tables, charts and extracts, plus also have them scheduled to run (it's an Excel Crystal Reports). It's my idea, and the exact processes/look n feel could be considered to be copyrighted but others could do it differently.

[TheFaQQer]

My point is that you cannot copyright some generic method of creating a report from a data source.

If the report requires some very unique code/method then the OP can copyright that specific thing.

Copyright applies to...

Original works - Most works must be original to have copyright protection.

Written work including software and databases - Software and databases can be protected as written work.

In this case, it's a written work, which is original - therefore copyright would last for life + 70 years.

[MrRobin]

My point is that you cannot copyright some generic method of creating a report from a data source.

If the report requires some very unique code/method then the OP can copyright that specific thing.

[TheFaQQer]

Hold up...

Do you want to copyright the ability to automatically create a report on said data, or the specific, unique way you are doing it?

It's irrelevant. The copyright is in the Excel tool - that's the creative work.

[MrRobin]

Hold up...

Do you want to copyright the ability to automatically create a report on said data, or the specific, unique way you are doing it?

[TheFaQQer]

Question:

I've created a tool, using MS Excel to allow the user to collect information and produce a report based on that information. It is potentially useful to a number of organisations. Does anyone know if it is possible to copyright such a spreadsheet based tool and if so, how to go about it?

Copyright is automatically created for any creative work. You don't need to do anything to register it or anything like that.

Here's my top tip on how to prove you did it first, though.

- Burn the code onto a CD / memory stick / DVD / floppy disk
- Package the media up in an envelope / box, so that it is obvious whether it has been opened or not
- Post the package to yourself. Send it recorded delivery.
- Do not open the package when it arrives.

If there is ever a case where someone claims that they did it first, you now have a package that hasn't been opened, which contains the code. You also have independent verification from the Post Office of when it was sent and when it was delivered. Thereby, you can easily prove the date when you created the code.

[DaveB]

Question:

I've created a tool, using MS Excel to allow the user to collect information and produce a report based on that information. It is potentially useful to a number of organisations. Does anyone know if it is possible to copyright such a spreadsheet based tool and if so, how to go about it?