(c) permission on multi-authored works [was: Charging the Charger]
"Marshall W. Van Alstyne" <[email protected]> Mon, 18 Apr 2005 11:39:42 -0400
| Newsgroups | gmane.comp.misc.free-software-business |
|---|---|
| Message-ID | <[email protected]> |
A few posts ago, I promised to look into a legal question about permissions on multi-authored works. Checking with an IP law scholar provided a pretty good clear answer. Context follows: At 01:21 AM 4/11/2005, Joe Corneli wrote: At 23:56 4/10/2005, mva wrote: > All someone could do would be to charge for the increment, the part > he/she added. > >One potential problem would be - say that the two of us co-author a >program under the GPL, then I go AWOL. I don't know the nitty-gritty >of the copyright law, but it appears to me that unless there was some >assignment of copyright made, I still have the copyright in my >portions of the code, and you in yours (even if these are inextricably >intermingled). If this is right, then without my consent, you >couldn't use the new clause. I posed the following questions to a friend/colleague who is the author of "Digital Copyright" a very good text on (c) issues. >If two people co-author a copyrightable work, does a downstream licensee >need permission from only one or from both? > >The question may also be subtler for different works. For a coauthored >article, the contributions of the 2 parties may be >indistinguishable. But, the reason I ask is that in the context of (open >source) software, the larger whole may have modules that are authored by >different parties. The parts may also have readily identifiable authors. > >I can see how the GPL handles this by granting default rights to >*everyone* to use, modify, and redistribute. But, as a general rule, how >do you navigate the permissions necessary to use a co-authored work? She replied: Only one [needs to grant permission]. Either author can license the work. If I write the lyrics and you write the music to a song, either of us can license the song, you can license the lyrics (even though I wrote all of them and you wrote none of them) and I can license the music. We have a duty to account to each other for any proceeds. So, opportunities for licensing are quite flexible. Hope this helps clarify. MVA