News1 min ago
Intellectual Property Of Uploaded Content?
Hi,
If I have uploaded a free software tool that I have written to a website (just the executable/binary and NOT the code) and the website terms state the following:
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Assignment. By submitting your Contribution to the Site, you hereby irrevocably assigns to Company any and all rights in the Contribution, including all intellectual property rights throughout the world. If any such rights may not be so assigned, you unconditionally and irrevocably grant to Company an exclusive, irrevocable, perpetual, worldwide, royalty-free license, with right to sublicense through multiple tiers of sublicensees, to use and exploit such right in any manner whatsoever. If you have any rights in the Contribution that cannot be so licensed, then you waive the enforcement of such rights against Company and its designees, and all claims and causes of action of any kind against Company with respect thereto, and agree, at Company’s request and expense, to consent to and join in any action to enforce such rights on Company’s behalf. You agree to execute, acknowledge, deliver, file and record such further certificates, instruments and documents, and to do such other acts and things as may be required by law, or as may, in the reasonable opinion of the Company’s counsel, be necessary or advisable to carry out the full intent and purposes of this Agreement. In the event that you do not, for any reason, execute such documents within a reasonable time of Company’s request, you hereby irrevocably appoint Company as your attorney-in-fact for the purpose of executing such documents on your behalf, which appointment is coupled with an interest. You understand that no compensation will be paid with respect to the use of your Contribution. Company is under no obligation to post or use any Contribution, and Company may remove any Contribution at any time.
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Does this mean the company now has all rights to my software tool (and could demand the source code from me) or does it just give them rights to that specific executable? (and so in theory I could compile a new version that would belong to me again)
FYI I am in the UK.
Many Thanks!
If I have uploaded a free software tool that I have written to a website (just the executable/binary and NOT the code) and the website terms state the following:
----
Assignment. By submitting your Contribution to the Site, you hereby irrevocably assigns to Company any and all rights in the Contribution, including all intellectual property rights throughout the world. If any such rights may not be so assigned, you unconditionally and irrevocably grant to Company an exclusive, irrevocable, perpetual, worldwide, royalty-free license, with right to sublicense through multiple tiers of sublicensees, to use and exploit such right in any manner whatsoever. If you have any rights in the Contribution that cannot be so licensed, then you waive the enforcement of such rights against Company and its designees, and all claims and causes of action of any kind against Company with respect thereto, and agree, at Company’s request and expense, to consent to and join in any action to enforce such rights on Company’s behalf. You agree to execute, acknowledge, deliver, file and record such further certificates, instruments and documents, and to do such other acts and things as may be required by law, or as may, in the reasonable opinion of the Company’s counsel, be necessary or advisable to carry out the full intent and purposes of this Agreement. In the event that you do not, for any reason, execute such documents within a reasonable time of Company’s request, you hereby irrevocably appoint Company as your attorney-in-fact for the purpose of executing such documents on your behalf, which appointment is coupled with an interest. You understand that no compensation will be paid with respect to the use of your Contribution. Company is under no obligation to post or use any Contribution, and Company may remove any Contribution at any time.
----
Does this mean the company now has all rights to my software tool (and could demand the source code from me) or does it just give them rights to that specific executable? (and so in theory I could compile a new version that would belong to me again)
FYI I am in the UK.
Many Thanks!
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