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Contributor Licence Agreement for India

Contributor Licence Agreement Template for India

A Contributor License Agreement under Indian law is a legal document that defines the terms under which intellectual property is contributed to a project. It establishes the rights granted by contributors to the project maintainers, ensuring compliance with Indian Copyright Act, 1957 and other relevant intellectual property laws. The agreement covers copyright, patent rights, and other intellectual property rights, while providing legal protection for both the contributor and the project. It includes specific provisions required under Indian contract law and addresses international contribution aspects through alignment with global intellectual property conventions.

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What is a Contributor Licence Agreement?

The Contributor License Agreement (CLA) is essential for projects that accept external contributions, particularly in software development and collaborative initiatives. It serves as a legal framework under Indian law to protect both the project and its contributors by clearly defining the terms of intellectual property transfers. The agreement is particularly relevant in the context of India's growing technology sector and increasing participation in global open-source projects. It ensures compliance with the Indian Copyright Act, 1957, Patents Act, 1970, and the Indian Contract Act, 1872, while addressing international contribution scenarios. The CLA helps prevent future legal disputes by clearly documenting the rights granted by contributors and the permitted uses of contributed material.

What sections should be included in a Contributor Licence Agreement?

1. Parties: Identifies the parties to the agreement - typically the project owner/organization and the contributor

2. Background: Explains the context of the agreement, including the project's nature and the purpose of contributions

3. Definitions: Defines key terms used throughout the agreement, including 'Contribution', 'Submission', 'Project', and 'Intellectual Property Rights'

4. Scope of Agreement: Defines what types of contributions are covered by the agreement

5. Grant of Rights: Details the license terms and rights being granted by the contributor to the project

6. Contributor Representations and Warranties: Statements confirming the contributor's right to make the contribution and its originality

7. Project Rights: Outlines the project's rights to use, modify, and distribute the contributions

8. Term and Termination: Specifies the duration of the agreement and conditions for termination

9. Governing Law and Jurisdiction: Specifies that Indian law governs the agreement and establishes jurisdiction for disputes

What sections are optional to include in a Contributor Licence Agreement?

1. Employer Authorization: Required when contributors need to confirm their employer's approval for contributions made within the scope of employment

2. Moral Rights Waiver: Optional section for jurisdictions where moral rights are relevant and can be waived

3. Contribution Guidelines: Detailed guidelines for how contributions should be submitted and formatted

4. Indemnification: Optional protection against third-party claims related to contributions

5. Data Privacy Compliance: Required when personal data processing is involved in the contribution process

6. Assignment Provisions: Required when contributions need to be assigned rather than just licensed

What schedules should be included in a Contributor Licence Agreement?

1. Schedule A - Description of Contribution: Template for describing specific contributions being made under the agreement

2. Schedule B - Contribution Guidelines: Detailed technical requirements and processes for making contributions

3. Schedule C - Notices: Required copyright and other notices to be included with contributions

4. Appendix 1 - Contribution Submission Form: Standard form for submitting individual contributions

5. Appendix 2 - Employer's Authorization Form: Template for employer authorization when required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Ƶ

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions

























Clauses

























Relevant Industries

Technology

Software Development

Open Source

Research and Development

Education

Telecommunications

Financial Services

Healthcare Technology

Manufacturing

Digital Media

Biotechnology

Artificial Intelligence

Relevant Teams

Legal

Software Development

Open Source Program Office

Research & Development

Intellectual Property

Compliance

Engineering

Product Development

Community Management

Innovation

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Attorney

Project Manager

Chief Technology Officer

Open Source Program Manager

Research Scientist

Technical Lead

Innovation Manager

Compliance Officer

Development Team Lead

Product Manager

Chief Legal Officer

Community Manager

Principal Engineer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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