Subject: Re: Exceptions to GPL, anyone have some prototype aggreements?
From: "Jonathan S. Shapiro" <shap@cs.jhu.edu>
Date: Sat, 25 May 2002 22:33:53 -0400

On Sat, 2002-05-25 at 21:58, D Henkel-Wallace wrote:
> Assuming that you own the complete copyright to the project in progress 
> and that you are signing some contract with the funders to do some work, 
> then just add language like the following to your consulting contract:  
> "<Funders> will have a perpetual, non-exclusive license to <TECHNOLOGY> 
> upon payment of final invoice.  Copyright of <TECHNOLOGY> shall remain 
> with Al Davis."

Not quite. These words don't say what type of license, so technically Al
could stick them with a GPL'd copy.

There are two possible ways to go:

1. Use "joint and separate ownership" -- that way either party can do
what they wish.

2. Simply issue the code to "funder" under a different license on
completion. I've used BSD here, but you could use anything. The key
points are that (1) you commit to release to the funder under a license
that is acceptable to them, and (2) you are indemnified from any
consequences of their use. The indemnification is important. The wording
below is inadequate. Get a lawyer to recommend wording to you..


Copyright and ownership of <work> shall remain with Al Davis. Upon
payment of final invoice, Al Davis shall release a copy of <work> to
<funder> under the BSD license. The BSD license allows <funder> to use
<work> without royalty or fee in any way that it pleases, provided that
the copyright and it's included disclaimer are preserved in the <work>.

<Funder> indemnifies and holds Al Davis harmless for any consequences
that may arise from <funder>'s use of <work>.