Anytime a business or individual wants to release software that they have developed, the proper protection and attribution must be taken. Many software developers are unaware that the software they develop is protected by copyright immediately upon creation. Filing with a copyright application with the federal government is only a step that needs to be taken if the developer wants increased remedies in the case of someone copying their code.

By having the copyright immediately vest in their software, legal protection and remedies exist for the software developer right from the software’s creation – and at no cost. Nobody can copy the software code and the software developer can control to whom the software gets released to. However, in order to release the software – whether for money or for free – proper written documentation must be executed. If not, then the software developer may find that they have relinquished rights and remedies available to them should they want to later enforce the wrongful copying or sale of their software.

In order to protect the software developer, a software license agreement should be drafted and executed with the software developer and the person receiving the software. However, drafting a software license agreement takes time and expertise. There are many legal considerations and general good business practices that must be accounted for and documented in the software license agreement so that the software developer can ensure that they are not giving away anything that they may later need or otherwise should keep.

Paying an attorney who concentrates their practice on the drafting of software license agreements and other business contracts may seem like the last thing a software developer wants to do. Most attorneys will charge in the neighborhood of $300-500 per hour for their services. But, there are some attorneys that will provide more affordable legal services due to a variety of reasons – likely the fact that they do it on the side or even for fun. Also, and while maybe not recognizable at first, the importance of an attorney as a software license drafter should become evident down the road – especially if the software is ever going to be sold or at least desiring to be not copied with out permission.

Shop around for the best price and experience that you can find in a software license drafter. Remember, when you are given rights for free and have something that is protectable as a property – even if it is not physical property – you should always ensure that you are covering your bases and not relinquishing anything that you may later want to enforce or sell. A software license agreement will help you do this.