## DISCLAIMER. The following is not legal advice, but a general recitation of the law. Seek counsel of an attorney in your jurisdiction for legal advice.
--- Kalle Kivimaa <[EMAIL PROTECTED]> からのメッセー ジ： > Andrew Stribblehill <[EMAIL PROTECTED]> > writes: > > The sole maintainer collaborated with another > author in writing the > > program, and they have joint copyright. He would > like to get it > > relicenced under a standard licence but the other > author has now > > died. Is there any way to get it changed? Joint authorship is defined in U.S. law inthe Copyright act and requires intent by the parties to make a unitary work that is inseparable or interdependent parts. 17 USC 101. There's a classic case that discusses the intent and other elements regarding a play about Jackie "MOMS" Mabley. Childress v. Taylor, 945 F.2d 500 (2nd Cir. 1991). It looks like the authors might have been in a U.K. jurisdiction. You might look around at this UK link and note the distinction with the US statutory approach. http://www.publicartonline.org.uk/practical/contracts/jointauthor.html That's the law on Joint Authorship. Assuming a US outcome you might consider the following: Joint authors may make all the "nonexclusive" licenses they like. Perhaps the surviving authors be interested in this aspect. Reading on MySQL and other "dual-licensing" schemes might be useful for the surviving author. Consider also that any exclusive license must be (have been) in writing and with the agreement of all the joint authors. Perhaps the surviving author would be interested in free software license grants on exclusive and non-exclusive basis? Also consider joint authorship is informed by property law concepts of "tenancy in common" but there are also some statutory gotchas regarding termination renewal and such that relate to survivorships. I can provide you some citiations is you'd be interested in doing some more reading. Good luck. Mail me directly if anyone would like more on this subject. -- James Miller [EMAIL PROTECTED] __________________________________________________ Do You Yahoo!? Yahoo! BB is Broadband by Yahoo! http://bb.yahoo.co.jp/
