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Licensing

Started by JensB Apr 4, 2009 at 6:37 AM 2 replies 1.2k views
Original Post
JensB
JensB
Guys, When running a non-profit-multi-contributor project, what kind of licensing would you suggest? Ie, is there a model where the project to which the work is donated retains the rights as does the contributor? A bit of a fuzzy question, but any pointers where to go and read up on it would be appreciated. Thanks!
// Jens
Bregma
Bregma
You could examine what existing projects do. For example, the Linux operating system kernel has thousands of contributors. Each contributor maintains the copyright of the code he or she has contributed: nobody controls the whole work and it is distributed under the FSF's GPL so that nobody can claim control over it (unlike, say BSD licenses or public domain).

The FSF's GXX project, on the other hand, also has many hundreds of contributors and the FSF requires that copyright in the code be assigned to the FSF explicitly. That does not negate the natural rights of the contributor (who is free to use his or her work elsewhere) but it means control of the work as a whole rests in the hands of the FSF.

You will notice that (unlike the Linux kernel) many open source projects are controlled by a non-profit "foundation". This makes many of the uptight business types happy because they thrive on organization (the Linux kernel developers thrive on disorganization). You might consider either model of how copyright in the code gets handled for your project and choose the one that suits your group best.

Choosing a distribution license is a different topic. There are many threads on that topic here in these forums.
Stephen M. Webb
Professional Free Software Developer
monalaw
monalaw
I've written about basic online collaboration agreements for a question similar to this, but it depends on several factors. Do you have a set number of contributors or is it open ended? If it's open ended, you will likely want something similar to the GPL/open source models because that allows the non-prof/org. to retain and enforce the right to permit open access to the project.

If it's a limited collaboration where everyone is an equal co-owner in the project, you'll want a collaboration agreement between all parties involved. If it's open ended but you have control over the contributions, you may want to use a click-wrap agreement containing similar terms as the collaboration agreement (i.e., a model where the non-prof is granted a license to use the contribution but the contributor retains the rights to his *and only his* code).

If you're going for a non-profit and haven't taken care of the paperwork yet, you WILL need a lawyer with experience in setting up 501(c)(3) organizations or the equivalent in your jurisdiction. Fortunately many attorneys in the non-profit practice area offer these services pro bono depending on the project and work involved. A company must be registered as non-profit-- the fact that you're not making money won't cut it for tax/fee/exemption purposes. You'll also want someone to help you with the agreement and/or license you want attached to the project.

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