HP Calculator Microcode Copyright Status

In the United States, for works created before March 1, 1989, a copyright notice must be present to secure a copyright, except in very limited circumstances as defined in 17 U.S.C. 405(a), quoted below.

The microcode contained in HP handheld calculators introduced before 1984 did not bear any copyright notices. There are no printed copyright notices on the calculator, or the packaged ROM integrated circuits, nor were there any copyright notices stored in the digital content of the ROMs. The microcode also does not qualify for any of the exceptions listed in 17 U.S.C. 405(a). The microcode is thus not copyrighted by HP in the United States.

I have verified the absence of both printed and machine-readable copyright notices on the following HP calculator models:

series	models	notes
Classic	HP-35
Classic	HP-45, HP-55, HP-80	verified object code from patent listings, not ROM chips
Woodstock	HP-25, HP-67
Spice	HP-32E, HP-33C, HP-34C, HP-37E, HP-38E, HP-38C
Nut	HP-41C, HP-41CV, HP-41CX	Peripheral ROMs and application module ROMs also appear to have no copyright, but I have not verified all of them
Voyager	HP-11C, HP-12C, HP-15C, HP-16C

I have verifed the absence of printed copyright notices on most other models of those series, as well as the Topcat and Sting series, but have not yet checked them for machine-readable notices.

Machine-readable copyright notices were present in the ROMs of the HP-71B handheld computer introduced in 1984, and in many if not all later HP calculators. Most of these models will present the copyright notice on the display under some conditions such as self-test or cold reset.

UNITED STATES CODE

TITLE 17 — COPYRIGHTS

CHAPTER 4 — COPYRIGHT NOTICE, DEPOSIT, AND REGISTRATION

Sec. 405. Notice of copyright: Omission of notice on certain copies and phonorecords

(a) Effect of Omission on Copyright. — With respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1988, the omission of the copyright notice described in sections 401 through 403 from copies or phonorecords publicly distributed by authority of the copyright owner does not invalidate the copyright in a work if —

(1) the notice has been omitted from no more than a relatively small number of copies or phonorecords distributed to the public; or
(2) registration for the work has been made before or is made within five years after the publication without notice, and a reasonable effort is made to add notice to all copies or phonorecords that are distributed to the public in the United States after the omission has been discovered; or
(3) the notice has been omitted in violation of an express requirement in writing that, as a condition of the copyright owner's authorization of the public distribution of copies or phonorecords, they bear the prescribed notice.

See also the full text of 17 U.S.C. 405.

Disclaimer: IANAL, TINLA

I am not a lawyer. This is not legal advice. Consult a qualified and licensed attorney for all legal issues.

Last updated May 25, 2005

eric@brouhaha.com


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