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Open Source Copyright License Template for Netherlands

This Open Source Copyright License is a legally binding agreement governed by Dutch law that defines the terms and conditions under which software can be used, modified, and distributed. It incorporates specific provisions required under Dutch copyright law (Auteurswet), including explicit handling of moral rights, while maintaining compatibility with international open source principles. The license addresses key aspects such as copyright protection, distribution rights, modification permissions, warranty disclaimers, and liability limitations, all within the framework of Dutch legal requirements and European Union regulations.

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What is a Open Source Copyright License?

This Open Source Copyright License is designed for use in the Netherlands and complies with Dutch copyright law (Auteurswet) and relevant EU regulations. It serves as a comprehensive legal framework for software developers and organizations who wish to make their software available for public use while retaining certain rights and limiting liability. The license is particularly suitable for projects that need to balance open source principles with Dutch legal requirements, especially regarding moral rights which cannot be fully waived under Dutch law. It includes essential provisions for software distribution, modification rights, attribution requirements, and liability limitations, while ensuring compatibility with international open source standards. The document can be used for both commercial and non-commercial software projects, providing clear terms for contribution management and downstream distribution.

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

1. Definitions: Defines key terms used throughout the license, including 'Software', 'Source Code', 'Derivative Works', 'Contributor', and 'Distribution'

2. Grant of Copyright License: Specifies the rights being granted to users, including permissions to use, modify, and distribute the software

3. Conditions of Use and Distribution: Lists the conditions that must be met when using or distributing the software, including attribution requirements

4. Redistribution Requirements: Details the requirements for redistributing the software, including maintaining copyright notices and license terms

5. Moral Rights Declaration: Addresses moral rights under Dutch law, specifying which rights are retained and which are licensed

6. Contributions: Defines how contributions to the software are handled and licensed

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

8. Limitation of Liability: Limits the liability of the copyright holder and contributors

9. Termination: Specifies when and how the license may terminate

10. Governing Law and Jurisdiction: Establishes Dutch law as governing law and specifies jurisdiction for disputes

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

1. Patent License: Include when the software may be subject to patent rights that need to be explicitly licensed

2. Commercial Use Provisions: Include when specific terms for commercial use need to be specified

3. Network Use Provisions: Include when the software might be provided as a network service (similar to AGPL provisions)

4. Third Party Components: Include when the software incorporates third-party components with different licensing terms

5. Export Control: Include when the software may be subject to export control regulations

6. Data Protection Compliance: Include when the software processes personal data and needs GDPR compliance provisions

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

1. Schedule A - The Software: Detailed description of the software covered by the license, including version numbers and components

2. Schedule B - Third Party Licenses: List of third-party software components and their respective licenses

3. Schedule C - Required Notices: Specific copyright and attribution notices that must be included in all copies

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

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

Netherlands

Publisher

Ƶ

Cost

Free to use

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