[License-discuss] Idea for time-dependent license, need comments

John Cowan cowan at mercury.ccil.org
Sat Jul 20 03:31:43 UTC 2013


Ben Reser scripsit:

> This is an important point.  The only way the copyright owner isn't
> special for an *overall* *work* (emphasis is important) is if there
> are so many copyright holders that it becomes impossible to get them
> all to agree to change the license (e.g. Linux Kernel).   Especially,
> when the work is so intertwined the individual contributions are not
> particular worthwhile independently (the copyright owner is obviously
> always special for the work they did themselves).

In that case, the work is probably a joint work, defined by the
U.S. copyright act as "a work prepared by two or more authors with
the intention that their contributions be merged into inseparable or
interdependent parts of a unitary whole."

In a joint work, *any* author can change the license under which the work
may be exploited, contrary to the folk theory that says *all* authors
must agree.  However, the proceeds, if any, must be divided equally
among all the authors.  In this case, of course, there are no proceeds.

-- 
Where the wombat has walked,            John Cowan <cowan at ccil.org>
it will inevitably walk again.          http://www.ccil.org/~cowan
   (even through brick walls!)



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