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Open Source Copyright License Template for South Africa

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Key Requirements PROMPT example:

Open Source Copyright License

"I need an Open Source Copyright License for a machine learning algorithm developed at our university in South Africa, which will be released in March 2025, with specific provisions for academic attribution and allowing commercial use while ensuring contributors share their modifications with the community."

Document background
This Open Source Copyright License is designed for use in South Africa when individuals, organizations, or companies wish to make their software freely available while maintaining certain rights and protections. The document combines international open source licensing best practices with specific requirements of South African law, including the Copyright Act, Consumer Protection Act, and Electronic Communications and Transactions Act. It is particularly relevant when software developers or organizations want to share their code while ensuring proper attribution, limiting liability, and specifying terms for modification and redistribution. The license includes essential provisions for copyright protection, user rights, warranty disclaimers, and liability limitations, all structured to be enforceable under South African jurisdiction.
Suggested Sections

1. Definitions and Interpretation: Defines key terms used in the license, including 'Work', 'Derivative Works', 'Source Code', and other relevant terms

2. Grant of Copyright License: Specifies the rights granted under the license, including permissions to use, copy, modify, and distribute the software

3. Conditions of Use: States the conditions under which the licensed rights may be exercised, including attribution requirements and share-alike provisions if applicable

4. Disclaimer of Warranty: Clearly states that the software is provided 'as is' without warranty, in compliance with South African consumer protection laws

5. Limitation of Liability: Limits the licensor's liability within the bounds permitted by South African law

6. Copyright Notices: Requirements for maintaining copyright notices and attribution in all copies of the work

7. Distribution Requirements: Specifies requirements for distributing the original or modified versions of the software

8. Termination: Conditions under which the license may be terminated and the consequences of termination

Optional Sections

1. Patent Grant: Additional section granting patent rights when the software involves patented technologies

2. Contribution Agreement: Terms governing contributions from third parties to the software

3. Compliance with Export Laws: Required when the software may be subject to export control regulations

4. Data Protection Compliance: Required when the software processes personal information, ensuring POPIA compliance

5. Network Use Provisions: Additional terms for software that operates over networks or provides network services

6. Modified Version Requirements: Specific requirements for modified versions of the software, including source code availability

Suggested Schedules

1. Schedule A: Licensed Materials: Detailed description of the software, source code, and other materials covered by the license

2. Schedule B: Third-Party Components: List of third-party software components and their respective licenses

3. Schedule C: Required Notices: Specific copyright notices, attributions, and disclaimers that must be included in distributions

4. Appendix A: Compatible Licenses: List of open source licenses deemed compatible with this license

5. Appendix B: Attribution Notice Template: Template for required attribution notices

Authors

Alex Denne

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

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Relevant Industries

Technology

Software Development

Education

Research and Development

Financial Services

Healthcare

Telecommunications

Public Sector

Manufacturing

Media and Entertainment

Non-profit Organizations

Consulting Services

Relevant Teams

Legal

Software Development

Information Technology

Research and Development

Product Development

Information Security

Risk and Compliance

Intellectual Property

Innovation

Operations

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Lawyer

Chief Technology Officer

Chief Legal Officer

Software Engineer

Open Source Compliance Manager

Research Director

Development Team Lead

Product Manager

Technical Architect

Information Security Officer

Risk Manager

Innovation Director

Legal Operations Manager

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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