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RE: [registrars] Registrars constituency website rehaul

  • To: <registrars@xxxxxxxx>
  • Subject: RE: [registrars] Registrars constituency website rehaul
  • From: "John Berryhill" <john@xxxxxxxxxxxxxxxxx>
  • Date: Wed, 9 Mar 2005 10:12:29 -0500
  • Importance: Normal
  • In-reply-to: <200503082114.j28LEmp30961@pechora.icann.org>
  • Sender: owner-registrars@xxxxxxxxxxxxxx

> Let me confirm and clarify. The process is a custom development
> project and
> as any other project would allow us to move the work over to
> another person
> or firm at anytime for further development.

That's not a given condition of "any" custom development project unless the
contract confers the right to make derivative works.  Ideally, you would
have a complete written assignment of copyright.

> We would have full
> rights to the
> software. However I do not know whether we would have the right to publish
> the code out in the open for anyone and everyone to use.

If you wouldn't have the right to publish the code, you wouldn't normally
have the right to make derivative works based on the code either.

Check to see whether there is an unambiguous assignment of copyright in the
contract.  The developer's verbal representations are insufficient to confer
such rights in the United States.

John




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