License Contracts, Free Software and Creative Commons. National Report Germany

German National Reports on the 19th International Congress of Comparative Law, Martin Schmidt-Kessel (ed.), Mohr Siebeck 2014, 519-543

Goethe Universitat Faculty of Law Research Paper No. 19/2014

29 Pages Posted: 18 Dec 2014

See all articles by Alexander Peukert

Alexander Peukert

Goethe University Frankfurt - Faculty of Law; Cluster of Excellence Normative Orders

Dominik Koenig

Goethe University Frankfurt - Cluster of Excellence Normative Orders

Date Written: December 15, 2014

Abstract

This country report was prepared for the 19th World Congress of the International Academy of Comparative Law in Vienna in 2014. It is structured as a questionnaire and provides an overview of the legal framework for Free and Open Source Software (FOSS) and other alternative license models like (e.g.) Creative Commons under German law. The first set of questions addresses the applicable statutory provisions and the reported case law in this area. The second section concerns contractual issues, in particular with regard to the interpretation and validity of open content licenses. The third section deals with copyright aspects of open content models, for example regarding revocation rights and rights to equitable remuneration. The final set of questions pertains to patent, Trademark and competition law issues of open content licenses.

Keywords: Licence Contract, License, Open Source, Free Source, Creative Commons, Germany, Copyright

Suggested Citation

Peukert, Alexander and Koenig, Dominik, License Contracts, Free Software and Creative Commons. National Report Germany (December 15, 2014). German National Reports on the 19th International Congress of Comparative Law, Martin Schmidt-Kessel (ed.), Mohr Siebeck 2014, 519-543. Available at SSRN: https://ssrn.com/abstract=2538444

Alexander Peukert (Contact Author)

Goethe University Frankfurt - Faculty of Law ( email )

Frankfurt
Germany

Cluster of Excellence Normative Orders

Frankfurt
Germany

Dominik Koenig

Goethe University Frankfurt - Cluster of Excellence Normative Orders ( email )

Germany

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