Wednesday, December 02, 2009

Software development agreement did not transfer copyright

OUT-Law have a report of an interesting recent English case - Infection Control Enterprises Limited v Virrage Industries Limited and Aidan Cartwright [2009] EWHC 2602 (QB) - concerning ownership of commissioned software which was intended for resale by the client. As is increasingly the trend, the client didn't succeed in their claim that there was an implied term that they would acquire the copyright.

I discussed the legal issues involved in these types of cases in a 2007 article in the Journal of Intellectual Property Law & Practice - "Copyright in Custom Code: Who Owns Commissioned Software?" Fortunately this decision doesn't appear to have proved me wrong.

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