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
Date Written: December 15, 2014
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
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