Copyright Problems for Software Developers

Software development houses and consultants are frequently briefed to work on an existing product, for the purpose of meeting the particular requirements of a customer. Because software development is rarely a matter of developing a product from nothing, copyright is an important concern to many sof...

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Bibliographic Details
Published in:Intheblack 1991-07, Vol.61 (6), p.62
Main Author: Sharpe, Anna
Format: Magazinearticle
Language:English
Subjects:
Accounting
Accounting systems
Agreements
Breach of contract
Computers
Copyright
Joint ventures
Litigation
Marketing
Software development
Software industry
Software packages
Systems development
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Summary:Software development houses and consultants are frequently briefed to work on an existing product, for the purpose of meeting the particular requirements of a customer. Because software development is rarely a matter of developing a product from nothing, copyright is an important concern to many software developers. The decision of the Federal Court of Australia on March 27, 1991, in the case of CCH Australia Ltd. and Another versus Accounting Systems 2000 (Developments) Pty. Ltd. and Others is of great significance. It is the first case to be decided in Australia on the question of whether software modifications that are legitimately carried out by a software developer will result in ownership of the modified computer program vesting in the software developer. Despite the substantial development work undertaken by AS 2000, the court held that the nature of the work did not warrant the conclusion that a new product had been created such as would enable AS 2000 to assign it to the CCH Group.
ISSN:1832-0899