[consulting] Copyright
Eric Goldhagen
eric at openflows.com
Sat Apr 24 17:48:15 UTC 2010
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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