
Q:
Donna asks:
A software program I’m using (I bought a license) doesn’t come with printed documentation, and the online help files are dismal so I’m putting together my own documentation for the program. Now that I’ve gone through all this trouble, I’m wondering if I can turn my documentation into an ebook and sell it. If I do so, am I infringing on the software program’s copyright? Also, do I have to ask the software developer’s permission to document his program and sell the document?
A:
This is a great question! In short, you can write your own manual for the software, and you can sell it. But there is a caveat to this, so read carefully.
Software is protected by copyright law. This prevents users from making copies of the software, even for non-commercial use. When you pay for software, you are buying a license to use it on one computer.
Your license certainly enables you to learn how to use the software. And, as long as you are not copying the software, you can also teach other people how to use it. What do many tech blogs do? They provide software tutorials and tips.
The main caveat is that you shouldn’t copy any of the software’s existing manuals. Create your own, unique documentation. You will actually own the copyright in the manual that you create, even though you don’t own the copyright to the software.
I really don’t think there is anything to worry about with an idea like this. To see why, check out the computer section of your local bookstore. There will be hundreds of independently created manuals for different pieces of software.
I would include a disclaimer in the manual. Be sure it’s clear that you are not affiliated with the software creator and that you are creating the manual entirely on your own. While we’re talking about disclaimers, be sure to read mine below (this post isn’t legal advice).
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Disclaimer: Andrew Flusche is a licensed Virginia attorney, but these posts do not constitute legal advice, nor do they create an attorney client relationship. For legal advice, consult an attorney licensed in your jurisdiction.








Andrew -
You didn’t answer a key question, I’m often asked… can she use SCREENSHOTS to illustrate her software manual?
I think doing so is probably fair use, but I usually recommend that clients obtain permission from the software maker.
What do you think?
@Gordon - Sorry for my incredibly belated reply. Thanks for pointing out this issue! I think you’re right that screenshots are fair use. But permission is never a bad step!