Legal requirements for software sharing and collaboration

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Legal requirements for software sharing and collaboration
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The lecture will give an overview on legal requirements of collaboration in science.

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as a good afternoon and thank
you for giving the opportunity to share some news with the had 2 minutes ago the vise chancellor of Austria resigned way submitted Linares no longer in in for in in in power and the characters so 2 minutes ago on and I learned it on Twitter just when waiting here I'm being in Austin I'm a little bit irritated about that now and 2 and that brings us possibly to the topic here which is about sharing and about collaborating and sharing information and also from a legal point of view
1 and the longer I do
this on the more I'm I'm I I I try to reduce everything to very very simple questions and and the questions I always have is out when when somebody asks me something like this here the
1st question I always have is what are we talking about so what what really is the problem then secondly who might be affected by the problem and the 3rd question which is when the law enters the scene is who pays
if something goes wrong right and when I heard the 1st 2 presentations today and I think we heard a lot of things that might go wrong and in many cases they don't but if they do and they produce costs and somebody but the very end needs to cover those costs and people who do useful things like you but don't like this right because you want to do useful things you don't want to be bothered by somebody asking well I
mean there could be a problem that could be a fake news you and middling has not resigned somebody drinks too much gets out and then gets hurt and dies but allow for this so there might be problems you don't like them and you always you all these high them possibly or ignore them and then people like me to the scene
and they try to remind you of that the problem doesn't disappear by simply ignoring it and then the outcome of this then often is something which looks like this so this fear uncertainty and doubt argument
on that I'm constantly confronted with it says well this is your we see the problem but you never tell us the solution beyond the outcome sphere from and uncertainty and doubt let's get rid of this and this is what I will do with you us so that will
get rid of this fear uncertainty and doubt argument by doing things on our own so what I would invite you to do together with me now is some kind of do-it-yourself exercise In copyright of in about 20 minutes so what you will receive now is not so much more not so many more questions but I will try to give you some very very simple answers where are the source of some of the problems of and you tend to ignore it and I tend to speak about my life and and what we will therefore
do not is some kind of joint reading of the relevant articles of the German Copyright Act if if you agree the war it's just 20 minutes and this this and it's not that much text on but before doing so the 1st disclaimer would be I presume here that German copyright is applicable for the typical scenario are you are working in which is already the 1st tricky question for obvious reasons so I but but I ignore that problem right than a simple start by by reading an English version if this works can have a
reading in English version both the
German Copyright Act I hope that
all of you can read this and then after that you will hopefully also understand that a law is different from what you're doing far from being complex is very easy and its human readable by Satsuma human that that's the basic and most important information human readable and is understandable in most cases so this is this is the the most important statement at the very beginning which is if something
is the work in the sense of copyright the person who produced this it is protected of section 2 paragraph 2 only the author's own intellectual creations constitute works within the meaning of this fact in section 1 of the
authors of works bubble I enjoy protection so if something is an own interaction creation it enjoys protection important all you don't
need to register you don't need a copyright sign of something you don't need to be freely and you don't need to be the best computer software design you you ever sold it's just some of the only thing you need to have is an intellectual creation in 2nd
important thing to learn in particular it's the author whose protected it's not the university it's not the institution is not whoever commits you writing the code
but if you produce something which is the work in the sense of the Copyright Act the but you are protected In many of the things you do you are most possibly
protected as the work of and and literary work because 1 of the examples given here yeah the it so what we have in Europe in the the in the the call
it you have had but let us 1st position in Europe right that's difference in the US the UK talking about
copyright and copyright In particular deals with and they also fail computer programs as a literary work and as we are talking about copyright no registration
no such thing like I new or commercially usable no such thing like 20 years limitation of all 5 privilege the it's derives from the act such and last 70 years after the and after the death of the author or by so the outcome of this is whenever you produce coded that means the
requirement that that's an intellectual creation then you are protected by copyright meaning 70 years post mortem so
remember what how the world could look like when your code will be in the public domain but there could be some variant 2 thousand 150 or something the later if you have an average lifespan and a few so I don't know where the people was still in
use computers than I doubt OK so that's the 1st thing to learn OK 2nd thing to learners from among a lot of the software that you produce you don't produce independently the so most probably you are somewhere in here
which is also the at the very beginning of the text which is about joint authors and authors of compound works article in the denial In many cases where you are doing is something of a called joint authorship which means people collaborate they work together and they produce something new and if you do
so then you are in a relation of joint authorship which means that
everything you do with this piece of software as a rule of thumb needs to be undertaken jointly right article 8 section to the right of publication and the exploitation of the work a
cruise jointly lead to the joint authors so in the moment when you start working together producing something together it's not just you deciding on what's going to happen but that's and this is the very last moment when you should really start thinking about white you are doing here with whom on which basis if you
don't agree on this and when starting to program and something goes wrong later you are in deep trouble already here right because then you have this problem the joint authorship and that in principle everybody needs to agree with everything and to make things worse as I said a law is far from being complex imprecise but the
only on the way out of this is then if you have a conflict with the new team that set of Section 2 are sentenced to a joint author may not refuse his constant publication expectation alteration contrary to the principles of good faith the and if you have not agreed on anything you're really in deep trouble here now when you try to force somebody because what the hell does contrary to good faith means mean here and I
must tell you I don't know you that I do not because it's nothing that is written in the law it's nothing that can be answered in in an on an abstract level it very much depends on the case and case and case and at the very end
it very much depends on who at the end will be the judge to decide and as there is a lot of uncertainty here people are very reluctant ensuing and people are very reluctant in going to college because there's another bet message and need to deliver here is where which is that the average hourly rate of an IP law you're working in this
area on the professional level is somewhere between 300 and 500 EUR per hour OK so the cost to risk not talking about here and you really want to students and you want to deal with this is far more expensive than that then than many of you want to but taking off
and therefore In my view and and this is probably the only time and you have to to messages to delivery of this is the first one so therefore the it's it's important not to ignore these things before you start to work and the and and it's very easy the only thing you need to do is that you try to come up for the Britain written agreement with the people you're working on on what's going to happen on which basis if this piece of software that you are jointly developing shall be exploited and simply saying well
will do this using an open source license or something similar is not sufficient because in many cases it's I mean there are hundreds of open source licenses out there is you know and they're are contradictory and there are all kinds of problems so you should invest some some basic thinking on this and I also have a good news here on this you might think this is something where people I mean this is nothing your area of expertise is in and you don't want to pay a lawyer 500 EUR per hour to take care of this so the good news here is there are plenty of students I'm I I personally know a lot of them I know dozens of
them the grantee of law students who are desperately looking for coders for different projects they are interested in and it's a kind of natural meet and greet scenario that comes out of this which is we share your coding expertise without legal expertise and hopefully something useful comes out there so as you aren't expected looking for legal advice they are desperately looking for coding experience and we really need to bring those communities closer together if we don't want to pay 500 EUR per our for a lawyer who could does not necessarily understand the IT part of of the problem right and that's another problem that explain the IT things to judges is a challenging exercise on I'm constantly failing to it
OK so that was the 2nd point now and then there's a 3rd 1 of them I think everything is already said the 3rd 1 is things are not last year when it comes to computer programs because computer programs are also regulated not only on national level but the other regulated by European directives and therefore the in the National Copyright code there are specific sections dealing with computer
programs 69 a and B and C are the 3 that I would like to mention so this is I need to scroll down here because that's already specific now that's no longer very much to the principles n which is not about computer programs as such
the and the most important information for you I think is 69 B because a lot of people are not aware of this and it's a serious problem but not too many people are very that's because what 69 be offered German copyright says this that if software is comprised of his program within the working environment in particular Vivian something like University
and there is no particular agreement then no longer the programmer is the 1 to ask what should happen with the software but it's the employer so the university so again reading exercise the computer programs created by an employee the in the execution of his duties or following the instructions of his employer the employer
exclusively exclusively the employer shall be entitled to exercise all economic rights in the computer programs under this otherwise agreed which means that if you are a German Research Associate or if you are
working for the library and you add part of your job is to write code and you are paid for this then it's no longer you know who is the to do to be asked whether this is to be put on the this or that open source license already this is an open source licensed at all it is your employer and if you don't ask your employer or if you employ was not asked and then something nasty turns to happen and then come back to the beginning of my my presentation then things get lost in the evening agnostic here because you have a player in the or or an elephant in the room that nobody thought about them at the beginning so the message to learn here from this part in
my view is twofold the 1st 1 goes to you if you do something in the area take care that your employer knows what you're doing and take care that your employer agrees with what you're doing and that you have an agreement again i'd
ideally In riding when you're supposed and when you're not supposed to do with what you're doing here and it also goes to those in the room more senior and who possibly hire people coding of that is something you
should explicitly clarified because people because otherwise both of you might be in trouble if if it if it turns out that and you have not reached an agreement on this so all of the message to deliver is very easy there for the first one is our brain your employer into the game and the 2nd 1 is ask your employer to agree with what you want to do that the code you write and ask your employer to actually agree with the others who are also contributing to the software that you're writing and again but you will not need
to ask law is asking for 500 EUR per hour but there are people in every law school and their off trying to help you with this and you simply need to find them and if I can translate or can help you in communicating with those people and other be more than happy to do so I think that was everything I wanted to
say I'm very I'm sure that there will be hundreds of questions coming out of this and I will I have another 8 minutes I think to answer some of them here but I will stay in the mid long and later and you can find me on the Internet the form of what is going to much thank


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