Your code after you are gone

Posted Aug 10, 2011 15:47 UTC (Wed) by yokem_55 (subscriber, #10498)
In reply to: Your code after you are gone by fmarier
Parent article: Desktop Summit: Copyright assignments

So free software projects need to get into the business of helping developers make out their wills?

Your code after you are gone

Posted Aug 10, 2011 15:53 UTC (Wed) by corbet (editor, #1) [Link] (4 responses)

Clearly that's more than can be expected of your typical software project. So the answer is obvious: now that the Harmony folks have their contributor agreements in the can, their next task should be a set of standardized bequest forms. I want the one that says I'm leaving all my code to my cat, even though cats are notably bad at license compliance.

Of course, first I'd have to get a cat.

Your code after you are gone

Posted Aug 10, 2011 16:06 UTC (Wed) by rleigh (guest, #14622) [Link] (2 responses)

While I certainly wouldn't countenance this on a per-project basis, wouldn't it make sense to unilaterally assign all of one's copyrights to a third party (for example, the Free Software Foundation or Software in the Public Interest) in a will to ensure that the copyright remains in the hands of those who will ensure it remains Free, and to also permit relicensing of it under a new Free licence should that be required (e.g. GPLv6).

In the absence of explicitly assigning copyright, what would happen in normal circumstances? Does it become public domain, or the property of someone else (e.g. family, dependents, government)? It's something I would definitely consider when it comes to making a will, and I hope I'm not alone in wanting to know more about what the best options are for ensuring one's works are kept Free.

Regards,
Roger

Your code after you are gone

Posted Aug 10, 2011 16:59 UTC (Wed) by tetromino (subscriber, #33846) [Link] (1 responses)

> In the absence of explicitly assigning copyright, what would happen in normal circumstances?

The copyright would pass to your heirs in accordance with your local intestacy laws.

Your code after you are gone

Posted Aug 11, 2011 12:58 UTC (Thu) by kpfleming (subscriber, #23250) [Link]

I've also been told that there are some countries in the world where copyright ownership *reverts* to your estate when you pass away, even if you'd explicitly transferred it to another party in some other country where such laws do not exist. Copyright assignment has many, many pitfalls... including the fact that the receiver of the assignment must ensure that not only does the person making the assignment own the copyrights in question, but that the laws in both the assigner's and assignee's countries allow for such an assignment.

Model prenup

Posted Aug 10, 2011 17:42 UTC (Wed) by dmarti (subscriber, #11625) [Link]

Don't forget the standardized prenuptial agreement. There is California case law that says copyright in works created during a marriage should be treated as community property.