Copyright Vs License Agreement


When economic rights are transferred, the transfer must be made in writing and signed by the copyright holder. However, if the right is not exclusively transferred, no writing is required. Copyright does not require payment or anything else to be exchanged to license someone, but copyright holders often require payment, impose licence restrictions, or require the licensee to meet another obligation. Two common categories for software according to copyright, and therefore with licenses that confer specific rights to the licensee, are proprietary software and free and open source software (FOSS). The obvious conceptual difference between the two is the granting of rights to modify and reuse a software product purchased by a client: foSS software concedes both rights to the customer and thus collects the modifiable source code with the software (“open source”), whereas proprietary software generally does not lay off those rights and therefore hide the source code (“closed source”). When the copyright is transferred, the owner sells his property rights to another party and has no control over how the third party uses those rights. The awarding of copyright is sometimes referred to as a copyright contract. Only the copyright holder (or its representative) can enter into a licensing agreement. The author of a copyrighted work has exclusive right: Software license often also involves maintenance. This, usually with a one-year term, is included or optional, but often needs to be purchased with the software. The maintenance contract (contract) generally contains a clause allowing the licensee to obtain minor updates (V.1.1 -> 1.2) and sometimes important updates (V.1.2 -> 2.0).

This option is usually referred to as update or upgrade insurance. For a major update, the customer must purchase an upgrade if it is not included in the maintenance contract. For a maintenance renewal, some manufacturers charge a monthly retroactive reintroduction fee (reintroduction fee) in the event of maintenance expiry. The ownership of digital goods, such as software applications and video games, is being challenged by EULA`s “unsold” digital distributors such as Steam. [11] In the European Union, the European Court of Justice ruled that a copyright holder could not object to the resale of software sold digitally under the copyright exhaustion rule on the first sale as a transfer of ownership, and therefore questioned the “first licensed and unsold contract”. [12] [13] [14] [15] [16] [17] The Swiss company UsedSoft has innovated the resale of business software and has fought in court for this right. [18] In Europe, the 2009/24/EC European Directive explicitly authorises the trade in second-hand computer programmes. [19] The most important effect of this form of license is that the end user must accept the software license if the ownership of the software remains in the hands of the software publisher.

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