Home » Software Licenses (Iintellectual Property Law Series) by LandMark Publications
Software Licenses (Iintellectual Property Law Series) LandMark Publications

Software Licenses (Iintellectual Property Law Series)

LandMark Publications

Published August 6th 2014
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Kindle Edition
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 About the Book 

THIS CASEBOOK contains a selection of 95 U. S. Court of Appeals decisions that analyze and discuss issues related to the licensing of software applications. The selection of decisions spans from 2002 to the date of publication.A copyright is betterMoreTHIS CASEBOOK contains a selection of 95 U. S. Court of Appeals decisions that analyze and discuss issues related to the licensing of software applications. The selection of decisions spans from 2002 to the date of publication.A copyright is better described as a bundle of rights: the right to reproduce the copyrighted work, the right to prepare derivative works from the copyrighted work, and the right to perform or display the copyrighted work. 17 U.S.C. § 106- see Davis v. Blige, 505 F.3d 90, 98 (2d Cir.2007). Thus, the author has the exclusive right to produce derivative works. See Dun & Bradstreet Software Servs., Inc. v. Grace Consulting Inc., 307 F.3d 197, 212-13 (3d Cir.2002)- Dam Things from Denmark, 290 F.3d at 563-64. If the original work is copyrightable, then the original author or authors must consent to the creation of a derivative work by a third party — unauthorized creation of a derivative work, which incorporates the original work, constitutes an infringement of the underlying work. 17 U.S.C. § 106- 1 Nimmer on Copyright § 3.04- Dun & Bradstreet Software Servs., Inc., 307 F.3d at 212-13- Dam Things from Denmark, 290 F.3d at 563-64. Brownstein v. Lindsay, 742 F. 3d 55 (3rd Cir. 2014)With respect to licensing a joint work, each co-author is entitled to convey non-exclusive rights to the joint work without the consent of his co-author. 1 Nimmer on Copyright § 6.10. See Davis, 505 F.3d at 98-100. The only caveat is that the licensing author must account to his co-author for his fair share of profits from any non-exclusive license. 1 Nimmer on Copyright § 6.12. If a co-author attempts to convey exclusive rights, his co-author can convey the same exclusive rights — in effect, such an exclusive license becomes a non-exclusive license. Id. § 6.10- see Davis, 505 F.3d at 100-01 (A co-owner may grant a non-exclusive license to use the work unilaterally, because his co-owners may also use the work or grant similar licenses to other users and because the non-exclusive license presumptively does not diminish the value of the copyright to the co-owners.). Accordingly, the only way for truly exclusive rights to be conveyed to a joint work is for all co-authors to consent to such an exclusive conveyance. As with tenants in common of real property, a co-author can transfer or assign the rights to his ownership interest in the joint work, but this does not affect the ownership rights of his co-author. 1 Nimmer on Copyright § 6.11- Davis, 505 F.3d at 99-100. Brownstein v. Lindsay, ibid.With respect to transferring the ownership of a joint work, a co-author cannot transfer the ownership interest of his co-author. The Copyright Acts statute of frauds requires that any transfer of an ownership interest must be signed and in writing. 17 U.S.C. § 204(a)- see Barefoot Architect, Inc. v. Bunge, 632 F.3d 822, 827 (3d Cir.2011). Brownstein v. Lindsay, ibid.