Hi, this problem/question crops up every so often: Can I use or copy
certain software, graphics, etc. that is under copyright. First, you
should realize that a copyright is created the minute a 'work' is
documented in a physical form. You do not have to file any paperwork
to create a copyright -- you have/own a copyright the minute you
document something (like this article on MMD). In the most simple
terms, a copyright gives you the right to prevent anyone else from
making a copy without your permission.

And you need to know that software is considered literature. The
function that the software accomplishes is not covered by a copyright.
That would be the subject of a utility patent.

For instance, while the code to apply text to one of a group of box
labels is certainly copyright-able, the idea of doing that with a
combination of graphics and text operation, probably is not -- because
it is fairly obvious to a person skilled in the art.

So if you want to use such a program (legally), you need to locate the
person who owns the copyright and get their permission. If you can't
find that person after a reasonable search or if he is dead, you are
dealing with what's called an "orphan copyright". You can look up the
rules on the internet (Google "orphan copyright")and follow them to
establish that you can use the software without breaking the law.

However, since the author of this software died fairly recently,
I would think it wouldn't be too difficult to look up his obituary and
seek out a family member to ask permission. If someone wants to send me
his name, address and date of death, I could look at Ancestry.com for
you and see if I can provide more information.

Regards,

Craig Smith
Upstate New York - (It's snowing here!)