If your company creates software packages, you have to make a few special considerations. There is a particular process you have to go through before you can put any new software on the market. Working with a lawyer who specializes in this type of business will help the process go well. To make sure your software license is what you need, you have to consider other organizations that may have a claim, the application process, the product launch, the license form and what you can do to protect yourself.
Other Claims
First, you have to figure out who else may have a claim to the software you have developed. Oftentimes businesses have to do some research to make sure there is no current copyright that would be infringed upon. The following people or organizations may also have a claim of ownership for the software invention:
- Competitor businesses
- Former employees
- Funding sources
- Independent contractors
- Present employees
It is important you think about who else may have a claim of ownership for the software you designed before you start working towards a software license.
Application Process
You also have to think about the actual application process. The copyright and patent agreement is not an automatic thing. You will probably have to apply for a patent. There will also likely be copyright notice, publication and registration procedures you will have to comply with in order to apply for the copyright. It is important you are familiar with the procedure before you get started. This will help ensure you take the best steps for your business.
Product Launch
There are certain aspects of the software license application that affect how you can launch your product. For example, some laws dictate export controls, which means you have to follow them to properly launch and sell your product. As you get ready to launch your product, you have to think about how you are going to police your license. What are you going to do to make sure no one is misusing your software?
The product launch has to revolve around the product price as well. That is why you have to think about how you are going to set the price for your product. Does your business have plans for the release of future versions or the development of new software? These are important considerations for you to anticipate as you try to get your software license.
License Form
Another factor you have to consider is what type of license you are going to get. The different license forms include
- Written
- Implied Through Use
- Automatic Upon Breaking the Shrink-Wrap
- Online Registration
The form you choose will likely depend on the trade secrets your software involves. There are public domains, which means your business would not retain any rights to the software. On the other side of things is the trade secret copyright, which allows your company to keep all the rights to the software. It is important for you to determine what aspects of the software would be considered a trade secret to help you choose the license form that will work the best for your company.
Protection
Finally, you have to think about protecting yourself. The software license, copyright and patent are all going to protect your product, but is your business going to be safeguarded as well? If a customer uses the software and gets hurt, your business could be liable. You need to consider what type of insurance would be able to protect you from this liability as you take all of the right steps for your software license.
Perfecting Your Software License
It is important you make the right considerations if you want to accurately protect your company’s new software product. Think of all of the intricate details that affect your license, so you can be sure to get the exact software license your business needs. Get through the entire process with ease by working with a lawyer.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.