Computer programs, also known as "software," are defined as a set of commands and data that contain instructions or applications which, when executed on a computer or computer network, perform the required function. They can also be described as "a collection of data, instructions, and commands that are executable through information technology means and designed to accomplish a specific task." Today, software is considered a form of "works" protected by copyright laws rather than patent laws. This classification aligns with the Iraqi Copyright Protection Law No. (3) of 1971, which includes software among other protected works such as books, articles, drawings, and blueprints.<br /><br />As classified works, software can be either "original" or "derivative." A program is considered "original" when it is created by an individual or a group without being derived from any pre-existing program or work. On the other hand, a program is considered "derivative" when it is based on a pre-existing program. Some programmers develop or enhance previous programs, and the resulting software is termed "derivative" because it builds upon prior efforts. A derivative program is defined as "a program that originates from a pre-existing one," provided that such derivation does not infringe upon the rights of the authors of the original works. Examples of derivative programs include translated, modified, summarized programs, as well as explanatory, refined, and reviewed software.<br /><br />Copyright and intellectual property protection laws have established general rules for derivative works, making it relatively easy to apply these rules to derivative computer programs. According to these general rules, for a work to be classified as a derivative (including derivative software), three conditions must be met:<br /><br />There must be a relationship between the derivative work and the pre-existing work.<br />There must be a physical or intellectual integration, meaning that elements of the pre-existing work are incorporated into the new one.<br />The author of the original work must not participate in creating the new work, and their permission must be obtained.<br />Notably, the Syrian Copyright and Neighboring Rights Law of 2014 defines derivative programs in Article (16), stating:<br />*"A person is considered a co-author of a computer program if they contributed to its creation, particularly in the following cases:<br /><br />The author of the computer program and its concept, whether in source code or machine code.<br />The person who adapted a pre-existing computer program to make it suitable for the new software.<br />The author of the original computer program that was used as a reference for the new program.<br /><br />Al-Mustaqbal University The First University in Iraq