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> Such a license would normally not have included a right to modify the work without the permission of the copyright owner (i.e., the original contractor). Th
by dctoedt 17y ago
> Such a license would normally not have included a right to modify the work without the permission of the copyright owner (i.e., the original contractor).
There is case law to the contrary. See, e.g., Yojna, Inc., v. American Medical Data Systems, Inc., 667 F. Supp. 446 (E.D. Mich. 1987): An outside software contractor, at the request of a hospital corporation and its subsidiary, developed a computer program for hospital information management. The court held that the outside contractor was the owner of the software, but the subsidiary had a perpetual, royalty-free license to use and sublicense the program, including the right to unrestricted access to source code for purposes of developing new versions and enhancements. The court also held that the license was an exclusive license within the health-care industry. See id. at 446. [Copied from something I wrote a long time ago.]
- grellas 17y agoThanks for the cite (and for the underlying post). Agreed that it is a complex issue - depends on the intent of the parties, equitable factors, etc. As you note in your post, it is a bad contract that leaves you in this position of having to litigate over this in the first place.