Copyright community

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In the area of software development in German company law , copyright community refers to a form of the joint ownership community .

Open source software is regularly developed on a decentralized basis by an unknown number of programmers. The software is then a uniform work of the programmers who have a joint copyright (§ 8 UrhG ) on it if they developed the software as a common idea. Co-authors form according to Section 8, Paragraph 2, Clause 1 of the Copyright Act, a joint ownership: Utilization can only take place on the basis of a joint decision. "However, the general community only refers to the publication and exploitation rights, so that a joint decision is also required here on the question of whether the jointly developed software should be placed under the GPL ." (Sujecki 2005)

Individual evidence

  1. ↑ Eric S. Raymond: "The cathedral and the bazar" , firstmonday.org, March 2, 1998, accessed November 2, 2019
  2. ^ Till Jaeger, Axel Metzger : "Open Source Software" , CH Beck, Munich, 5th edition 2020, ISBN 978-3-406-73497-7
  3. ↑ Gerald Spindler : "Legal Issues in Open Source" , Cologne, Dr. Otto Schmidt, 2004
  4. ↑ Jochen Marly : "Software license agreements: forms of appearance, breaches of duty, drafting of contracts, general terms and conditions, model contracts" , Rn. 413, Munich, CH Beck, 4th edition 2004
  5. ↑ Dorothee Thum in Artur-Axel Wandtke, Winfried Bullinger (ed.): "Praxiskommentar Copyright" , Munich, CH Beck, 2019
  6. ↑ Spindler, 2004
  7. ↑ Manfred Rehbinder : "Copyright" , Munich, CH Beck, 13th edition, 2004, Rn. 171
  8. ↑ Marly, 2004, para. 410
  9. ↑ Bartosz Sujecki: "Contractual and Copyright Aspects of Open Source Software in German Law" , www.jurpc.de, 2005, accessed on November 2, 2019