Is it legal to have the “// (c) 2019 John Smith” header in all files when there are hundreds of...
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Is it legal to have the “// (c) 2019 John Smith” header in all files when there are hundreds of contributors?
Does an employee have the right to use a CTA?How do I properly specify the year(s) of copyright?Which author/copyright holder “type” is allowed in the MIT license? Pseudonym, Company name, …?Copyright assignments in GermanyCan I change the copyright license, with this text in the CLA?Can I remove some copyright holders from headers and replace them by a generic “and contributors”?Can a GitHub Organization assert copyright?If there is no copyright notice, is the license applied?How should I identify myself in a copyright notice / license?Copyright notices and multiple developers
Companies use headers like
// Copyright 2011 The Go Authors.
But countless projects with a single maintainer have
// Copyright 2011 John Smith
even though they have hundreds of contributors, all of whom own their contributions.
Is this ok to only include the owner in the header?
Thanks
copyright programming
add a comment |
Companies use headers like
// Copyright 2011 The Go Authors.
But countless projects with a single maintainer have
// Copyright 2011 John Smith
even though they have hundreds of contributors, all of whom own their contributions.
Is this ok to only include the owner in the header?
Thanks
copyright programming
1
Not a project that require a CLA / other form of copyright assignment?
– Gert van den Berg
12 hours ago
add a comment |
Companies use headers like
// Copyright 2011 The Go Authors.
But countless projects with a single maintainer have
// Copyright 2011 John Smith
even though they have hundreds of contributors, all of whom own their contributions.
Is this ok to only include the owner in the header?
Thanks
copyright programming
Companies use headers like
// Copyright 2011 The Go Authors.
But countless projects with a single maintainer have
// Copyright 2011 John Smith
even though they have hundreds of contributors, all of whom own their contributions.
Is this ok to only include the owner in the header?
Thanks
copyright programming
copyright programming
asked yesterday
AlexAlex
22216
22216
1
Not a project that require a CLA / other form of copyright assignment?
– Gert van den Berg
12 hours ago
add a comment |
1
Not a project that require a CLA / other form of copyright assignment?
– Gert van den Berg
12 hours ago
1
1
Not a project that require a CLA / other form of copyright assignment?
– Gert van den Berg
12 hours ago
Not a project that require a CLA / other form of copyright assignment?
– Gert van den Berg
12 hours ago
add a comment |
3 Answers
3
active
oldest
votes
As far as I am aware, all FLOSS licenses that deal with copyright notices only require the preservation of notices that exist. Each author had the opportunity to add their own name to header when they made their contribution. If they chose not to do so, there is no existing notice from that author to preserve. There is never (as far as I know) any requirement to proactively add a notice that an author chose not to include.
Not having a copyright notice for some copyright holder is not inherently legally problematic, either, since copyright notices have virtually no legal function. An overwhelming majority of nations have ratified the Berne Convention, which requires that copyright rights are automatically granted at the time of a work's creation, irrespective of any copyright notice on the work.
If someone removes existing copyright notices from another author, then that's obviously not allowed by the license (and may be illegal even without license terms that prohibit it, per statutes like 17 USC §1202).
Why is removing a copyright notice "typically illegal in general"? For example if a work is in the public domain, or its copyright has expired, I don't see how removing the copyright notice would be "illegal in general" in that case.
– Brandin
21 hours ago
@Brandin You're right that "in general" was too broad. My intent was "illegal independent of whether the license explicitly disallows it or not" and I have edited to clarify.
– apsillers♦
17 hours ago
3
@Brandin you do have a point, but consider moral rights: the right to be recognized as the author. Copyright notices are one way to do that recognition. Of course the duration of moral rights is extremely jurisdiction-dependent. In some places authorship needs to be asserted in order for these rights to apply. In others, moral rights never expire, even if the economic rights on the work have entered the public domain.
– amon
14 hours ago
I think the question here is regarding, or may involve, a component of honesty: in particular, by putting such a notice at the beginning of a file when it was not (majorly?) written by the person indicated, even if it may be required by a license (e.g. that requires reproduction of notices), is that a lie, and if so, how does that jive with the requirements from said license?
– The_Sympathizer
11 hours ago
@amon I always interpreted the "right to be recognized as author" to mean that you can state "I wrote/draw/created X". Not that any depiction in any form of X should state explicitly that you are the author.
– Bakuriu
5 hours ago
|
show 1 more comment
Legal? Who knows? If you work for a place that has an open-source compliance lawyer, ask them.
Still: open source licenses often suggest what to do with existing copyright notices. For example, the MIT license says, emphasis mine.
Copyright year copyright holder
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
It's clear, under this license, that the copyright notice on the FOSS you used should be included unchanged on the copies you distribute. If you did a substantial amount of work you could add another copyright line.
Other licenses offer similar requirements.
New contributor
Your statement contradicts the license. The license specifically says that you may make whatever modifications you want with the one exception that you may not modify the license file. So it would permit you to modify one-line copyright notices with author identification inside other files as you wish.
– David Schwartz
9 mins ago
add a comment |
Regardless of whether it's legal (it should be, but ask a lawyer), as a maintainer I find it inappropriate. For software that has a single primary author and many contributors of small patches, an appropriate copyright notice looks like:
Copyright ©2019 [author's name], et. al.
for et alia, literally "and others".
For a work with multiple major authors (and it's not clear to me the point at which this should change), but with no formal organization holding copyright, a more appropriate version might be:
Copyright ©2019 the authors of [project name]
However, you might want to run this by a lawyer, since it's not entirely traditional/conventional.
If you do end up with a formal organization that will hold copyright to most of the work, but don't want to impose FSF-style copyright assignment, an appropriate notice would be:
Copyright ©2019 [The Organization], et. al.
add a comment |
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3 Answers
3
active
oldest
votes
3 Answers
3
active
oldest
votes
active
oldest
votes
active
oldest
votes
As far as I am aware, all FLOSS licenses that deal with copyright notices only require the preservation of notices that exist. Each author had the opportunity to add their own name to header when they made their contribution. If they chose not to do so, there is no existing notice from that author to preserve. There is never (as far as I know) any requirement to proactively add a notice that an author chose not to include.
Not having a copyright notice for some copyright holder is not inherently legally problematic, either, since copyright notices have virtually no legal function. An overwhelming majority of nations have ratified the Berne Convention, which requires that copyright rights are automatically granted at the time of a work's creation, irrespective of any copyright notice on the work.
If someone removes existing copyright notices from another author, then that's obviously not allowed by the license (and may be illegal even without license terms that prohibit it, per statutes like 17 USC §1202).
Why is removing a copyright notice "typically illegal in general"? For example if a work is in the public domain, or its copyright has expired, I don't see how removing the copyright notice would be "illegal in general" in that case.
– Brandin
21 hours ago
@Brandin You're right that "in general" was too broad. My intent was "illegal independent of whether the license explicitly disallows it or not" and I have edited to clarify.
– apsillers♦
17 hours ago
3
@Brandin you do have a point, but consider moral rights: the right to be recognized as the author. Copyright notices are one way to do that recognition. Of course the duration of moral rights is extremely jurisdiction-dependent. In some places authorship needs to be asserted in order for these rights to apply. In others, moral rights never expire, even if the economic rights on the work have entered the public domain.
– amon
14 hours ago
I think the question here is regarding, or may involve, a component of honesty: in particular, by putting such a notice at the beginning of a file when it was not (majorly?) written by the person indicated, even if it may be required by a license (e.g. that requires reproduction of notices), is that a lie, and if so, how does that jive with the requirements from said license?
– The_Sympathizer
11 hours ago
@amon I always interpreted the "right to be recognized as author" to mean that you can state "I wrote/draw/created X". Not that any depiction in any form of X should state explicitly that you are the author.
– Bakuriu
5 hours ago
|
show 1 more comment
As far as I am aware, all FLOSS licenses that deal with copyright notices only require the preservation of notices that exist. Each author had the opportunity to add their own name to header when they made their contribution. If they chose not to do so, there is no existing notice from that author to preserve. There is never (as far as I know) any requirement to proactively add a notice that an author chose not to include.
Not having a copyright notice for some copyright holder is not inherently legally problematic, either, since copyright notices have virtually no legal function. An overwhelming majority of nations have ratified the Berne Convention, which requires that copyright rights are automatically granted at the time of a work's creation, irrespective of any copyright notice on the work.
If someone removes existing copyright notices from another author, then that's obviously not allowed by the license (and may be illegal even without license terms that prohibit it, per statutes like 17 USC §1202).
Why is removing a copyright notice "typically illegal in general"? For example if a work is in the public domain, or its copyright has expired, I don't see how removing the copyright notice would be "illegal in general" in that case.
– Brandin
21 hours ago
@Brandin You're right that "in general" was too broad. My intent was "illegal independent of whether the license explicitly disallows it or not" and I have edited to clarify.
– apsillers♦
17 hours ago
3
@Brandin you do have a point, but consider moral rights: the right to be recognized as the author. Copyright notices are one way to do that recognition. Of course the duration of moral rights is extremely jurisdiction-dependent. In some places authorship needs to be asserted in order for these rights to apply. In others, moral rights never expire, even if the economic rights on the work have entered the public domain.
– amon
14 hours ago
I think the question here is regarding, or may involve, a component of honesty: in particular, by putting such a notice at the beginning of a file when it was not (majorly?) written by the person indicated, even if it may be required by a license (e.g. that requires reproduction of notices), is that a lie, and if so, how does that jive with the requirements from said license?
– The_Sympathizer
11 hours ago
@amon I always interpreted the "right to be recognized as author" to mean that you can state "I wrote/draw/created X". Not that any depiction in any form of X should state explicitly that you are the author.
– Bakuriu
5 hours ago
|
show 1 more comment
As far as I am aware, all FLOSS licenses that deal with copyright notices only require the preservation of notices that exist. Each author had the opportunity to add their own name to header when they made their contribution. If they chose not to do so, there is no existing notice from that author to preserve. There is never (as far as I know) any requirement to proactively add a notice that an author chose not to include.
Not having a copyright notice for some copyright holder is not inherently legally problematic, either, since copyright notices have virtually no legal function. An overwhelming majority of nations have ratified the Berne Convention, which requires that copyright rights are automatically granted at the time of a work's creation, irrespective of any copyright notice on the work.
If someone removes existing copyright notices from another author, then that's obviously not allowed by the license (and may be illegal even without license terms that prohibit it, per statutes like 17 USC §1202).
As far as I am aware, all FLOSS licenses that deal with copyright notices only require the preservation of notices that exist. Each author had the opportunity to add their own name to header when they made their contribution. If they chose not to do so, there is no existing notice from that author to preserve. There is never (as far as I know) any requirement to proactively add a notice that an author chose not to include.
Not having a copyright notice for some copyright holder is not inherently legally problematic, either, since copyright notices have virtually no legal function. An overwhelming majority of nations have ratified the Berne Convention, which requires that copyright rights are automatically granted at the time of a work's creation, irrespective of any copyright notice on the work.
If someone removes existing copyright notices from another author, then that's obviously not allowed by the license (and may be illegal even without license terms that prohibit it, per statutes like 17 USC §1202).
edited 10 hours ago
answered yesterday
apsillers♦apsillers
16.1k12854
16.1k12854
Why is removing a copyright notice "typically illegal in general"? For example if a work is in the public domain, or its copyright has expired, I don't see how removing the copyright notice would be "illegal in general" in that case.
– Brandin
21 hours ago
@Brandin You're right that "in general" was too broad. My intent was "illegal independent of whether the license explicitly disallows it or not" and I have edited to clarify.
– apsillers♦
17 hours ago
3
@Brandin you do have a point, but consider moral rights: the right to be recognized as the author. Copyright notices are one way to do that recognition. Of course the duration of moral rights is extremely jurisdiction-dependent. In some places authorship needs to be asserted in order for these rights to apply. In others, moral rights never expire, even if the economic rights on the work have entered the public domain.
– amon
14 hours ago
I think the question here is regarding, or may involve, a component of honesty: in particular, by putting such a notice at the beginning of a file when it was not (majorly?) written by the person indicated, even if it may be required by a license (e.g. that requires reproduction of notices), is that a lie, and if so, how does that jive with the requirements from said license?
– The_Sympathizer
11 hours ago
@amon I always interpreted the "right to be recognized as author" to mean that you can state "I wrote/draw/created X". Not that any depiction in any form of X should state explicitly that you are the author.
– Bakuriu
5 hours ago
|
show 1 more comment
Why is removing a copyright notice "typically illegal in general"? For example if a work is in the public domain, or its copyright has expired, I don't see how removing the copyright notice would be "illegal in general" in that case.
– Brandin
21 hours ago
@Brandin You're right that "in general" was too broad. My intent was "illegal independent of whether the license explicitly disallows it or not" and I have edited to clarify.
– apsillers♦
17 hours ago
3
@Brandin you do have a point, but consider moral rights: the right to be recognized as the author. Copyright notices are one way to do that recognition. Of course the duration of moral rights is extremely jurisdiction-dependent. In some places authorship needs to be asserted in order for these rights to apply. In others, moral rights never expire, even if the economic rights on the work have entered the public domain.
– amon
14 hours ago
I think the question here is regarding, or may involve, a component of honesty: in particular, by putting such a notice at the beginning of a file when it was not (majorly?) written by the person indicated, even if it may be required by a license (e.g. that requires reproduction of notices), is that a lie, and if so, how does that jive with the requirements from said license?
– The_Sympathizer
11 hours ago
@amon I always interpreted the "right to be recognized as author" to mean that you can state "I wrote/draw/created X". Not that any depiction in any form of X should state explicitly that you are the author.
– Bakuriu
5 hours ago
Why is removing a copyright notice "typically illegal in general"? For example if a work is in the public domain, or its copyright has expired, I don't see how removing the copyright notice would be "illegal in general" in that case.
– Brandin
21 hours ago
Why is removing a copyright notice "typically illegal in general"? For example if a work is in the public domain, or its copyright has expired, I don't see how removing the copyright notice would be "illegal in general" in that case.
– Brandin
21 hours ago
@Brandin You're right that "in general" was too broad. My intent was "illegal independent of whether the license explicitly disallows it or not" and I have edited to clarify.
– apsillers♦
17 hours ago
@Brandin You're right that "in general" was too broad. My intent was "illegal independent of whether the license explicitly disallows it or not" and I have edited to clarify.
– apsillers♦
17 hours ago
3
3
@Brandin you do have a point, but consider moral rights: the right to be recognized as the author. Copyright notices are one way to do that recognition. Of course the duration of moral rights is extremely jurisdiction-dependent. In some places authorship needs to be asserted in order for these rights to apply. In others, moral rights never expire, even if the economic rights on the work have entered the public domain.
– amon
14 hours ago
@Brandin you do have a point, but consider moral rights: the right to be recognized as the author. Copyright notices are one way to do that recognition. Of course the duration of moral rights is extremely jurisdiction-dependent. In some places authorship needs to be asserted in order for these rights to apply. In others, moral rights never expire, even if the economic rights on the work have entered the public domain.
– amon
14 hours ago
I think the question here is regarding, or may involve, a component of honesty: in particular, by putting such a notice at the beginning of a file when it was not (majorly?) written by the person indicated, even if it may be required by a license (e.g. that requires reproduction of notices), is that a lie, and if so, how does that jive with the requirements from said license?
– The_Sympathizer
11 hours ago
I think the question here is regarding, or may involve, a component of honesty: in particular, by putting such a notice at the beginning of a file when it was not (majorly?) written by the person indicated, even if it may be required by a license (e.g. that requires reproduction of notices), is that a lie, and if so, how does that jive with the requirements from said license?
– The_Sympathizer
11 hours ago
@amon I always interpreted the "right to be recognized as author" to mean that you can state "I wrote/draw/created X". Not that any depiction in any form of X should state explicitly that you are the author.
– Bakuriu
5 hours ago
@amon I always interpreted the "right to be recognized as author" to mean that you can state "I wrote/draw/created X". Not that any depiction in any form of X should state explicitly that you are the author.
– Bakuriu
5 hours ago
|
show 1 more comment
Legal? Who knows? If you work for a place that has an open-source compliance lawyer, ask them.
Still: open source licenses often suggest what to do with existing copyright notices. For example, the MIT license says, emphasis mine.
Copyright year copyright holder
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
It's clear, under this license, that the copyright notice on the FOSS you used should be included unchanged on the copies you distribute. If you did a substantial amount of work you could add another copyright line.
Other licenses offer similar requirements.
New contributor
Your statement contradicts the license. The license specifically says that you may make whatever modifications you want with the one exception that you may not modify the license file. So it would permit you to modify one-line copyright notices with author identification inside other files as you wish.
– David Schwartz
9 mins ago
add a comment |
Legal? Who knows? If you work for a place that has an open-source compliance lawyer, ask them.
Still: open source licenses often suggest what to do with existing copyright notices. For example, the MIT license says, emphasis mine.
Copyright year copyright holder
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
It's clear, under this license, that the copyright notice on the FOSS you used should be included unchanged on the copies you distribute. If you did a substantial amount of work you could add another copyright line.
Other licenses offer similar requirements.
New contributor
Your statement contradicts the license. The license specifically says that you may make whatever modifications you want with the one exception that you may not modify the license file. So it would permit you to modify one-line copyright notices with author identification inside other files as you wish.
– David Schwartz
9 mins ago
add a comment |
Legal? Who knows? If you work for a place that has an open-source compliance lawyer, ask them.
Still: open source licenses often suggest what to do with existing copyright notices. For example, the MIT license says, emphasis mine.
Copyright year copyright holder
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
It's clear, under this license, that the copyright notice on the FOSS you used should be included unchanged on the copies you distribute. If you did a substantial amount of work you could add another copyright line.
Other licenses offer similar requirements.
New contributor
Legal? Who knows? If you work for a place that has an open-source compliance lawyer, ask them.
Still: open source licenses often suggest what to do with existing copyright notices. For example, the MIT license says, emphasis mine.
Copyright year copyright holder
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
It's clear, under this license, that the copyright notice on the FOSS you used should be included unchanged on the copies you distribute. If you did a substantial amount of work you could add another copyright line.
Other licenses offer similar requirements.
New contributor
New contributor
answered 11 hours ago
O. JonesO. Jones
1193
1193
New contributor
New contributor
Your statement contradicts the license. The license specifically says that you may make whatever modifications you want with the one exception that you may not modify the license file. So it would permit you to modify one-line copyright notices with author identification inside other files as you wish.
– David Schwartz
9 mins ago
add a comment |
Your statement contradicts the license. The license specifically says that you may make whatever modifications you want with the one exception that you may not modify the license file. So it would permit you to modify one-line copyright notices with author identification inside other files as you wish.
– David Schwartz
9 mins ago
Your statement contradicts the license. The license specifically says that you may make whatever modifications you want with the one exception that you may not modify the license file. So it would permit you to modify one-line copyright notices with author identification inside other files as you wish.
– David Schwartz
9 mins ago
Your statement contradicts the license. The license specifically says that you may make whatever modifications you want with the one exception that you may not modify the license file. So it would permit you to modify one-line copyright notices with author identification inside other files as you wish.
– David Schwartz
9 mins ago
add a comment |
Regardless of whether it's legal (it should be, but ask a lawyer), as a maintainer I find it inappropriate. For software that has a single primary author and many contributors of small patches, an appropriate copyright notice looks like:
Copyright ©2019 [author's name], et. al.
for et alia, literally "and others".
For a work with multiple major authors (and it's not clear to me the point at which this should change), but with no formal organization holding copyright, a more appropriate version might be:
Copyright ©2019 the authors of [project name]
However, you might want to run this by a lawyer, since it's not entirely traditional/conventional.
If you do end up with a formal organization that will hold copyright to most of the work, but don't want to impose FSF-style copyright assignment, an appropriate notice would be:
Copyright ©2019 [The Organization], et. al.
add a comment |
Regardless of whether it's legal (it should be, but ask a lawyer), as a maintainer I find it inappropriate. For software that has a single primary author and many contributors of small patches, an appropriate copyright notice looks like:
Copyright ©2019 [author's name], et. al.
for et alia, literally "and others".
For a work with multiple major authors (and it's not clear to me the point at which this should change), but with no formal organization holding copyright, a more appropriate version might be:
Copyright ©2019 the authors of [project name]
However, you might want to run this by a lawyer, since it's not entirely traditional/conventional.
If you do end up with a formal organization that will hold copyright to most of the work, but don't want to impose FSF-style copyright assignment, an appropriate notice would be:
Copyright ©2019 [The Organization], et. al.
add a comment |
Regardless of whether it's legal (it should be, but ask a lawyer), as a maintainer I find it inappropriate. For software that has a single primary author and many contributors of small patches, an appropriate copyright notice looks like:
Copyright ©2019 [author's name], et. al.
for et alia, literally "and others".
For a work with multiple major authors (and it's not clear to me the point at which this should change), but with no formal organization holding copyright, a more appropriate version might be:
Copyright ©2019 the authors of [project name]
However, you might want to run this by a lawyer, since it's not entirely traditional/conventional.
If you do end up with a formal organization that will hold copyright to most of the work, but don't want to impose FSF-style copyright assignment, an appropriate notice would be:
Copyright ©2019 [The Organization], et. al.
Regardless of whether it's legal (it should be, but ask a lawyer), as a maintainer I find it inappropriate. For software that has a single primary author and many contributors of small patches, an appropriate copyright notice looks like:
Copyright ©2019 [author's name], et. al.
for et alia, literally "and others".
For a work with multiple major authors (and it's not clear to me the point at which this should change), but with no formal organization holding copyright, a more appropriate version might be:
Copyright ©2019 the authors of [project name]
However, you might want to run this by a lawyer, since it's not entirely traditional/conventional.
If you do end up with a formal organization that will hold copyright to most of the work, but don't want to impose FSF-style copyright assignment, an appropriate notice would be:
Copyright ©2019 [The Organization], et. al.
answered 11 hours ago
R..R..
1,594155
1,594155
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Not a project that require a CLA / other form of copyright assignment?
– Gert van den Berg
12 hours ago