Joint author doctrine
Justin Wells
jread at semiotek.com
Sun Apr 2 17:47:02 UTC 2000
What does joint author doctrine mean for free software licenses? I
read this document:
http://www.macleoddixon.com/04public/Articles/04artpub.html#intell
which includes the following quotes:
The Copyright Act provides for joint authorship when a work is
prepared by more than one author "with the intention that their
contributions be merged into inseparable or interdependent
parts of a unitary whole".
...
1. Each co-author will own an equal ownership share in the
work. This will occur even if one of the co-authors has
contributed a greater quantity of the work than the other
co-authors.
...
3. Any co-author, without the permission of their fellow
co-authors, may grant non-exclusive rights to the work to third
parties. However, a co-author may only grant exclusive rights
to the work to third parties if the co-author obtains the prior
consent of the other co-authors.
So it sounds to me like if you allow someone to collaborate with you to
write some software they become a joint author of the resulting work. Does
this apply to all people who release derivative works with your permission?
Are thay all automatically joint authors with you over the result?
What's worse is that if this is true anyone who contributes to your project
can get around the GPL and grant non-exclusive rights to the whole work to
anyone they like.
So I could contribute a few lines of code to the Linux kernel, become a
joint author, and then sell non-exclusive rights to it to Microsoft?!
But I'm not a lawyer, and now I'm feeling a bit lost. Someone help me figure
out how this applies to the GPL and other opensource licenses.
Justin
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