Tuesday, October 8, 2013
Andres Guadamuz, University of Sussez, and Andrew John Rens, Duke University School of Law, & University of Cape Town, Intellectual Property Research, have published Comparative Analysis of Copyright Assignment and Licence Formalities for Open Source Contributor Agreements at 10(2) SCRIPTed 207 (2013). Here is the abstract.
This article discusses formal requirements in open source software contributor copyright assignment and licensing agreements. Contributor agreements are contracts by which software developers transfer or license their work on behalf of an open source project. This is done for convenience and enforcement purposes, and usually takes the form of a formal contract. This work conducts a comparative analysis of how several jurisdicitons regard those agreements. We specifically look at the formal requirements across those countries to ascertain whether formalities are constitutive or probative. We then look at the consequences of the lack of formalities for the validity of those contributor agreements.
Download the article from SSRN at the link.