Open Source Copyright License for Switzerland

Open Source Copyright License Template for Switzerland

This Open Source Copyright License is a legal instrument governed by Swiss law that establishes the terms and conditions for the use, modification, and distribution of software. It incorporates key elements of Swiss copyright law while maintaining compatibility with international open source principles. The license addresses copyright protection, usage rights, modification permissions, distribution requirements, warranty disclaimers, and liability limitations, all within the framework of Swiss legal requirements and international copyright conventions.

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What is a Open Source Copyright License?

This Open Source Copyright License is designed for use in Switzerland and international contexts where Swiss law governs the licensing relationship. It serves as a crucial legal framework for software developers, organizations, and individuals who wish to make their software freely available while retaining certain rights and protections under Swiss law. The license combines standard open source principles with specific requirements of Swiss copyright law and the Swiss Code of Obligations, making it particularly suitable for Swiss-based projects or international projects choosing Swiss jurisdiction. It includes comprehensive provisions for copyright protection, usage rights, modification permissions, and distribution requirements, while addressing liability and warranty issues in accordance with Swiss legal standards.

What sections should be included in a Open Source Copyright License?

1. Preamble: Identifies the license and provides context about the software and open source principles

2. Definitions: Defines key terms used throughout the license, including 'Work', 'Derivative Works', 'Contribution', and 'Contributor'

3. Grant of Copyright License: Specifies the rights granted under the license, including use, modification, and distribution rights

4. Conditions of Use: States the conditions under which the licensed rights may be exercised

5. Distribution Obligations: Details requirements for distributing the original and modified versions of the software

6. Contributor Provisions: Addresses rights and obligations related to contributions to the software

7. Disclaimer of Warranty: States that the software is provided 'as-is' without warranties

8. Limitation of Liability: Limits the licensor's liability under Swiss law

9. Attribution Requirements: Specifies how copyright notices and attributions must be maintained

10. Termination: Describes circumstances under which the license may terminate and the consequences

11. Governing Law and Jurisdiction: Specifies Swiss law as governing law and jurisdiction for disputes

What sections are optional to include in a Open Source Copyright License?

1. Patent License: Optional section granting patent rights, used when the software may be subject to patent protection

2. Trademark Rights: Optional section addressing use of trademarks, used when the software includes branded elements

3. Export Controls: Optional section addressing export regulations, used for software with international distribution

4. Data Protection Compliance: Optional section addressing data protection requirements, used when software processes personal data

5. Commercial Use Provisions: Optional section detailing additional terms for commercial use, used in dual-licensing scenarios

6. Network Use Provisions: Optional section addressing network and cloud deployment, used for server-side software

What schedules should be included in a Open Source Copyright License?

1. Schedule A - Licensed Software: Detailed description of the software 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: Complete text of copyright notices and attributions that must be included

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

5. Appendix B - Usage Examples: Examples of proper license notice placement and attribution

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Relevant Industries

Technology

Software Development

Information Technology

Telecommunications

Financial Services

Healthcare Technology

Education Technology

Industrial Automation

Digital Media

E-commerce

Artificial Intelligence

Internet of Things

Cybersecurity

Research and Development

Open Source Software

Relevant Teams

Legal

Software Development

Compliance

Intellectual Property

Research and Development

Product Development

Information Technology

Open Source Program Office

Engineering

Risk Management

Relevant Roles

Legal Counsel

Software Developer

Chief Technology Officer

Intellectual Property Manager

Open Source Program Manager

Compliance Officer

Software Architect

Development Team Lead

Product Manager

Technology Director

General Counsel

IP Rights Manager

Software Project Manager

Chief Legal Officer

Technology Compliance 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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