Whether at home or in the office – many people encounter IT law daily. It involves, among other things, the use of software and the necessary licenses.
Anyone wishing to use their computer needs the appropriate software for their requirements. The usage rights for the needed software must be acquired. Anyone using software without the necessary license must expect cease-and-desist orders and claims for damages, explains the law firm MTR Rechtsanwälte.
IT law is closely aligned with copyright law in licensing agreements. Thus, a software developer automatically has the copyright to the program without having to register their rights for protection. This also results in the fact that anyone wanting to use this software must have the corresponding license.
The extent of usage rights upon sale or provision of the software is generally freely negotiable between the parties. Licenses can be limited both in terms of content as well as spatial or temporal use of the software. A distinction must be made between simple and exclusive usage rights.
If only simple usage rights have been transferred, the software developer can also grant usage rights to others. The licensee is entitled to use the software in the agreed manner. Therefore, they should ensure that the granted usage rights are sufficient for their purposes and cover the planned usage.
If an exclusive license is acquired, the usage rights can no longer be transferred to third parties, and even the developer is excluded from further use of the software. The exclusive usage right includes the marketing and exploitation of the program.
When no agreements regarding the scope of usage rights are made in the license issuance, according to § 31 paragraph 5 of the Copyright Act (UrhG), the intended purpose of the contract determines the type and extent of the use.
When designing license agreements, the parties should always ensure that the usage rights are granted to the necessary extent to avoid future legal disputes. Lawyers experienced in IT law can provide advice.
