copyright united-kingdom intellectual-property contract-law software
Derivative softwares copyrigths from a more generic software
<p>Imagine consultancy C has a generic software for analyzing data S.
Now C has a client C1 and from the software S it derives a software S1 to analyzed some <em>specific</em> data for C1. The overall dependency may be the same but the overall structure and purpose is <em>specific</em> to the need of client C1 which owns the IP (copyrights) over S1. Again, C has another client C2 and again they do something <em>specific</em> to analyze the data of that company C2 with software S2. C2 owns the IP (copyrights) over S2. Since both these softwares S1, S2 are derivative work of S is there any infringements betweeen C1 and C2?</p>

<p>If the copyright to S is owned by the consultancy C, and both S1 and S2 are derivative works of S, but not of each other, then C has the right to sell S1 to C1 and S2 to C2, and there is no infringement. However C should probably notify both C1 and C2 "The software created for you is a derivative work based on generic software created by C. C retains the copyright on this base software." That way neither C1 nor C2 will be mislead into thinking that they own the rights to S. I don't know if such notification is mandatory, but I would think it good practice at least.</p>
