The Contributor License Agreement (CLA) is essential for organizations and projects accepting external contributions in New Zealand. It serves as a legally binding document that clearly establishes the terms under which intellectual property is contributed, protecting both the contributors and the receiving organization. The agreement ensures compliance with New Zealand's Copyright Act 1994, Contract and Commercial Law Act 2017, and other relevant legislation. It typically includes provisions for copyright and patent rights transfer or licensing, contributor warranties, and submission processes. This document is particularly crucial for open source projects, software development companies, and organizations engaging with external contributors to establish clear legal boundaries and protect intellectual property rights.
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1. Parties: Identifies the contributor and the organization/project receiving the contributions
2. Background: Explains the context of the agreement, the project's nature, and the purpose of contributions
3. Definitions: Defines key terms used throughout the agreement, including 'Contributions', 'Project', 'Intellectual Property Rights'
4. Scope of Agreement: Outlines what types of contributions are covered by the agreement
5. Grant of License: Specifies the rights being granted to the project, including copyright and patent rights
6. Contributor Representations: Contributor's warranties regarding ownership and right to contribute
7. Contribution Submission: Process for submitting contributions and any acceptance criteria
8. Attribution and Recognition: How contributors will be credited for their contributions
9. Term and Termination: Duration of the agreement and circumstances for termination
10. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Moral Rights: Section addressing the treatment of moral rights, particularly relevant for jurisdictions where these cannot be assigned
2. Confidentiality: Required when contributors may have access to confidential information during the contribution process
3. Contribution Guidelines: Detailed technical or stylistic requirements for contributions, useful for larger projects
4. Patent License: Specific section for patent rights when contributions might include patentable innovations
5. Third Party Components: Handling of third-party code or components included in contributions
6. Indemnification: Additional protections for the project against third-party claims
7. Support and Maintenance: If contributors have ongoing obligations regarding their contributions
1. Schedule 1 - Contribution Guidelines: Detailed technical specifications and standards for contributions
2. Schedule 2 - Project Description: Detailed description of the project and its objectives
3. Schedule 3 - Approved Licenses: List of acceptable open source licenses for third-party components
4. Appendix A - Contribution Submission Form: Template form for submitting contributions
5. Appendix B - Excluded Rights: List of any specific rights or contributions excluded from the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology
Software Development
Open Source
Research and Development
Digital Media
Education
Healthcare Technology
Financial Technology
Gaming
Telecommunications
Relevant Teams
Legal
Development
Open Source Program Office
Intellectual Property
Research and Development
Technical Documentation
Community Management
Compliance
Engineering
Product Management
Relevant Roles
Software Developer
Legal Counsel
Project Manager
Open Source Program Manager
Chief Technology Officer
Intellectual Property Manager
Development Team Lead
Content Creator
Research Scientist
Technical Writer
Community Manager
Compliance Officer
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