OSI-approved license that assigns contributor copyright to me

Michael Poole mdpoole at troilus.org
Mon Jul 11 04:08:50 UTC 2005


David Barrett writes:

> Matthew Garrett wrote:
>> To the best of my knowledge, no. I'm not sure whether it's something
>> you /can/ do in a software license without extra paperwork being
>> involved.
>
> Can you give a bit more detail on why you believe this to be the case?
> Why can't an open-source license transfer copyright ownership?
> Specifically, what kind of paperwork do you have in mind?

17 USC 204(a) states: "A transfer of copyright ownership, other than
by operation of law, is not valid unless an instrument of conveyance,
or a note or memorandum of the transfer, is in writing and signed by
the owner of the rights conveyed or such owner's duly authorized
agent."

Therefore, a valid assignment under US law requires a signature by the
assigner on some written device that (to paraphrase) clearly states
that a copyright is being transferred.  Courts have also required that
the conveyance include a specific identification of which works are
covered by the assignment.

I am not sure how other common law countries treat copyright
assignments, but they probably have similar requirements.  Under civil
law, the original author has additional non-assignable rights (called
moral rights, droit d'auteur, or the like) beyond those recognized by
American law.

Michael Poole



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