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The license/contract dichotomy in open licenses: a comparative analysis

journal contribution
posted on 2023-06-08, 15:35 authored by Andres GuadamuzAndres Guadamuz
The paper looks at the legal nature of so-called open licenses – agreements designed to provide permissions to users and publishers through “some rights reserved” clauses. The article starts with the assertion that copyright licenses are contracts in Civil Law jurisdictions, and looks at the opposing views and practice in Common Law jurisdictions. The article particularly looks at recent case law in the United States which deals specifically with the issue, and concludes that there is now a clear jurisdictional split between both traditions on whether these licenses are contracts.

History

Publication status

  • Published

Journal

University of La Verne Law Review

ISSN

1944-382X

Publisher

The University of La Verne College of Law

Issue

2

Volume

30

Page range

101

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2013-09-04

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