When I first started studying how code and software is protected by law, I was lost. I’d never explored the realm of who owns what, or when one can utilize another’s code. I decided to delve further into these concepts after I was inspired to by a software development course.
I came across two fantastic pages on TechTarget, one on software licenses, and the other on copyright (1,2), that covered many topics of software law, including what licenses and copyrights are, do, and where they come from. Through reading these pages, I developed a better understanding of the these legal topics.
Licenses
Licenses are contracts between the people who developed or own the software, and the people or organizations who want to use the software. They cover how the software can be used, what the rights of the owners are, and what the users are allowed to do with the software. They can also include how the software is paid for, how many copies can be downloaded, or what level of access to the source code users can have.
This image from TechTarget gives an overview of strictness of different types of software licenses. To apply a license to software, the legal text of the license must be included with the software when shipped. This can be accomplished by including a file called “License” that contains the legal text alongside your software.
Obtaining a license from the software owner generally involves paying the owner to use the software. An example of this exchange is when someone purchases a video game. The person pays the price of the game, accepts the end-user license agreement upon loading the game up, and can then use the software forever.
This concept of payment for license is essentially the same when scaled up for business applications. One company can pay a software company for the license to utilize their software. This will likely cost more money than purchasing a video game, and can potentially involve other stipulations depending on license choice.
Copyrights
Copyright prevents others from copying or otherwise exploiting your creations, but works differently than licensing. For one, copyrighting in most countries, including the USA, is automatic. When software is written, the developer, or company the developer works for, automatically gains copyright over that work. This prevents others from stealing, reusing, or altering the work without permission. The copyright holder can also formally apply for a copyright with their country’s relevant organizations.
Interestingly, copyright can have a time limit in terms of years, with some companies, such as Disney, fighting to lengthen or alter the laws to allow them to protect their original mouse design for as many years as possible.
One huge difference with copyrighting is that someone else can use parts of your work legally without specifically asking you or your company. This is called “Fair-Use” by the non-owner, and includes uses such as for criticism and comment, parody, education, public good, and non-commercial activities.
From the blog CS@Worcester – KeepOnComputing by CoffeeLegend and used with permission of the author. All other rights reserved by the author.