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

[Matthew Hannigan]

Javier, I assume you meant your mail to go to the list so
here is my reply resent to the list.


On Mon, Aug 01, 2011 at 03:50:53PM +1000, Matthew Hannigan wrote:
> On Mon, Aug 01, 2011 at 02:50:04PM +1000, Javier Candeira wrote:
> > Thanks everyone, but could you please offer me references?
> > 
> > On Mon, Aug 1, 2011 at 1:30 PM, Matthew Hannigan <mlh at zip.com.au> wrote:
> > > Indeed, but Paul is addressing the case of a contract.
> > > And my understanding is the similar to his; even work
> > > done in your own time belongs to your employer.
> > 
> > My wording was specific: assume there *is* an employment contract, but
> > said contract has no specific language about IP ownership. Who holds
> > the copyright on the work created by the employee?
> > 
> > > Paul:
> > >    Similarly, when i investigated the situation of employees producing
> > >    software, the answer i found was that by default the copyright resided
> > >    with the employer, even if the employee used his or her own time and
> > >    resources.  I asked a couple of previous employers to sign a specific
> > >    waiver because of this.
> > 
> > This seems a bit over-reaching, doesn't it? Considering that under
> > Berne anything commited to a physical medium is a copyrightable work,
> > it would mean that your employer owns your personal emails, your home
> > videos of  your kids, your recipes, etc.
> 
> I'm sure relevance would be taken into account.  To take some
> extremes, if your job is writing an acccounting system, then writing
> another accounting system in your spare time would still belong to
> the employer, but maybe say a video game written in your spare time
> would not.  Might not stop an employer trying though, depending on how successful
> it is.
> 
> I am soooo much not a lawyer though :)
> 
> > 
> > Paul, when you investigated this topic, where did you get your answers from?
> > 
> > Thanks everyone,
> > 
> > javier