Open Source Copyright License Template for Hong Kong

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Key Requirements PROMPT example:

Open Source Copyright License

"I need a Hong Kong-governed Open Source Copyright License for a mobile app analytics tool that will be released in March 2025, with specific provisions for commercial use and contributor agreements, ensuring that any modifications by users must also be open-sourced."

Document background
This Open Source Copyright License is designed for use by software developers, organizations, and copyright holders who wish to make their software freely available while maintaining certain rights and protections under Hong Kong law. The document is particularly relevant when releasing software for public use, whether as an individual developer or as an organization, and needs to be used when the intention is to allow others to use, modify, and redistribute the software while ensuring appropriate attribution and limiting liability. It incorporates specific provisions required under Hong Kong's legal framework while maintaining compatibility with international open source principles. The license is structured to be clear and enforceable under Hong Kong jurisdiction while remaining accessible to a global audience, making it suitable for both local and international software distribution.
Suggested Sections

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

2. Copyright Grant: The primary section stating the grant of copyright license, including rights to use, copy, modify, and distribute the software

3. Conditions of Use: Mandatory conditions that licensees must follow when using or distributing the software

4. Distribution Requirements: Requirements for redistributing the original or modified software, including notice requirements

5. Disclaimer of Warranty: Clear statement that the software is provided 'as is' without warranties

6. Limitation of Liability: Limitations on the licensor's liability for damages

7. License Termination: Conditions under which the license may terminate and consequences of termination

8. Miscellaneous: General legal provisions including governing law, jurisdiction, and severability

Optional Sections

1. Patent Grant: Additional section granting patent rights, used when the software may be subject to patent claims

2. Trademark Rights: Section addressing the use of project or contributor trademarks, used when there are significant trademark concerns

3. Contribution Requirements: Used when accepting third-party contributions, defining how contributions will be licensed

4. Network Use Clause: Additional terms for software used over a network, similar to the AGPL, used for server-side software

5. Compliance with Export Laws: Added when software may be subject to export control regulations

6. Privacy and Data Protection: Required when software processes personal data or collects user information

Suggested Schedules

1. Schedule 1 - Form of Attribution Notice: Template for the copyright and attribution notices that must be included in all copies

2. Schedule 2 - Compatible Licenses: List of other open source licenses that are compatible with this license

3. Schedule 3 - Third Party Components: List of third-party software components included and their respective licenses

4. Appendix A - How to Apply the License: Practical instructions for applying the license to new software

5. Appendix B - Version Control: Information about license versions and how updates will be handled

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Software Development

Financial Services

Healthcare

Education

Telecommunications

E-commerce

Manufacturing

Research and Development

Media and Entertainment

Professional Services

Government and Public Sector

Relevant Teams

Legal

Software Development

Compliance

Information Technology

Research and Development

Product Management

Intellectual Property

Risk Management

Operations

Information Security

Relevant Roles

Software Developer

Legal Counsel

Chief Technology Officer

Intellectual Property Manager

Open Source Program Manager

Software Architect

Development Team Lead

Compliance Officer

Product Manager

Research Engineer

Technology Director

Chief Information Officer

Legal Operations Manager

Software License Administrator

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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