[consulting] Copyright

[Eric Goldhagen]

At 8:16 AM -0700 4/24/10, Alex Urevick-Ackelsberg wrote:
>While IANAL, here's a part of our standard contract that deals with this:

Well worded contract language. Thanks for sharing. I might just 
incorporate some of your language into our template.

Here's the language from our contract template:

INTELLECTUAL PROPERTY and OWNERSHIP of CODE
All code written for this project will be released under the GPL (GNU 
General Public License http://www.fsf.org/licensing/licenses/gpl.html 
). All source code will be provided to the Client at the completion 
of the project.

The GPL and other Free Software licenses protect the rights of both 
Contractor and Client in regards to any code created during this 
project. The GPL grants all parties the right to re-use, modify, and 
re-distribute the code, as long as such is done in compliance with 
the GPL.

All materials developed, generated or produced by the Contractor, 
including but not limited to computer software, documentation, flow 
charts, diagrams, specifications, and reports (the "Deliverables") 
shall be released in accordance to the rules of the GPL software 
license.

The Deliverables are explicitly not considered a "work made for 
hire," as such agreements violate the rights protected in the GPL 
license.

For the purposes of the GPL, completion of this project and transfer 
of relevant source code from Contractor to Client at the end of the 
project shall be considered Distribution of Code.

CONFIDENTIALITY
All Confidential Information given by either party to the other or 
otherwise obtained (whether prior to or after the entering into of 
this Agreement and including information disclosed in contemplation 
of this Agreement being entered into) shall be treated by the other 
party, its employees, agents and sub-contractors as confidential and 
not used other than for the benefit of the disclosing party and shall 
not be disclosed to any third party without the prior written consent 
of the disclosing party except to the extent required by law.

Confidential information shall exclude any information which is or 
becomes public knowledge other than by breach of this Clause or is in 
the possession of the receiving party without restriction in relation 
to disclosure before the date of receipt from the disclosing party; 
or is received from a third party who lawfully acquired or developed 
it and who is under no obligation restricting its disclosure or must 
be disclosed by the disclosing party in the discharge of the its 
obligations to supply information for parliamentary, governmental, or 
judicial purposes.

The Contractor is allowed to publicly release a Case Study and 
description of the project. Other than that, the Contractor shall not 
use Client's name or any of its trade marks in any advertising, 
marketing or other material without its prior written consent.


--Eric
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Openflows, Inc.
a technology workers cooperative
http://openflows.com
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