Copyright, code libraries and ownership

In Australia, copyright automatically vests in certain types of literary works, including computer programs and artistic works, upon their creation.  The general rule is that the owner of copyright in a literary or artistic work is the author of that work.[1]  An exception to this rule arises if the work is made by an employee pursuant to the terms of their employment.  In this case, the employer owns the copyright subsisting in the employee-generated work.  However, the distinction of whether an employee has created the work pursuant to the terms of employment, is not always clear.  This issue was considered in the case of Redrock Holdings Pty Ltd and Hotline Communications Ltd v Hinkley [2001] VSC 91 (Redrock). [Read more…]

Infringement of copyright in computer code

Computer code, like other literary works are automatically protected by copyright.  Subject to exceptions, only the copyright owner has the exclusive right to reproduce a literary work in which copyright subsists, pursuant to section 31 of the Copyright Act 1968 (Cth) (Act).   Generally the reproduction of another programmer’s code without their consent amounts to an infringement of copyright – section 36 of the Act.
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Agile Software Development Contracts

Is there such a thing as an Agile Contract?  You bet!  We have been asked on a number of occasions to draft and settle software development contracts based on the agile software development process.  But how can a rigid contract conform with the agile philosophy?  The answer lies in understanding the agile process and formalising the legally binding parts in the form of what we call an “Agile Contract”. [Read more…]

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Tel: 07 3221 0013

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