[Linux-aus] Australian copyright law on computer programs and FLOSS licensing?

[Ben McGinnes]

On 31/07/11 8:55 PM, Javier Candeira wrote:
> 
> However, I am not a lawyer, and I have never received legal advice
> regarding software development or open source licensing in
> Australia, so I am looking for documentation that explains the
> Australian legal particulars around programming and licensing.

Okay, I'm not a lawyer either, but ...

> As examples of the type of detail I am looking for:
> 
> - in the absence of particular language in a contract, who holds the
> copyright to the software developed by an outside contractor, the
> client or the contractor?

A contractor or consultant retains the copyright.

> - in the absence of particular language in a contract, who holds the
> copyright to the software developed by a developer on payroll with
> full time employment?

This gets a little complex.  If the employee develops software during
the course of their job then the copyright belongs to the company.  If
the employee develops software on their own time, with their own
resources then they may retain copyright (although some employers have
been known to try to claim it, at which point there's usually a fight).

> - copyright exceptions for computer software: are users allowed to
> backup software they have licenses to? (for instance, in Spain
> backing software up is a limit on the rightholder's copyright).

Not sure.  I think it's unlawful, but not enforced.

> - has there been any Australian case where the matter in dispute was
> the right to distribute software originally licensed under a FLOSS
> license?

No idea.


Regards,
Ben

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