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Open Source Copyright License Template for Hong Kong

This document is a comprehensive Open Source Copyright License governed by Hong Kong law, designed to facilitate the legal distribution and sharing of software while protecting the rights of the original creators. It incorporates key elements of Hong Kong's Copyright Ordinance and international copyright conventions, providing a framework for software sharing that is compliant with local legislation while maintaining compatibility with global open source practices. The license addresses copyright grants, usage conditions, liability limitations, and termination provisions, ensuring clarity for both licensors and licensees while maintaining enforceability under Hong Kong jurisdiction.

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What is a Open Source Copyright License?

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.

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

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

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

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

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

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) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Publisher

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Cost

Free to use

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Open Source Copyright License

A Hong Kong law-governed Open Source Copyright License for software distribution and sharing, combining local legal requirements with international open source standards.

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