On 11/19/15, 7:42 PM, "Justin Mclean" <jus...@classsoftware.com> wrote:
>Hi, > >> As for #4 - the pictures were taken by someone in our organization. I >>will >> tell him that they look professional -:) They are not licensed or >>anything, just personal photos. > >If they are fine with them being distributed then that's all good IMO. >You may want to add something in LICENSE. And you may want/need official documentation that is ok for them to be distributed. And maybe even under what license and whether they are contributing/licensing the photos to Apache. True story: Person C writes some code. Company M acquires Person C and his code. A team is formed, more code is added. Company A acquires Company M. Even more code is added. Person C leaves Company A. Company A decides to donate all of that code to the ASF. OMG! The acquisition agreement for Person C and his code only licensed the code to Company M, it did not explicitly grant the right to re-license that code to the ASF! Hunt down person C and get signed agreement that Company A can re-license Person C's code. OMG! Person C's copyright notices are still in the files! Person C is not a committer so he can't move the copyrights to NOTICE. Must ask person C for written permission to do so. AIUI, if I take a photo as part of my job, maybe to create some test media, my employee agreement says that my employer has copyright of that work. But if I bring in a photo from one of my trips, I probably own copyright. I can say my company can use it, but the terms are not clear. It might be ok since our test media is in-house, but do I want it in an ASF repo where everyone else can copy it and modify it? What if people start adding mustaches to my wedding photos! And technically, since I own that photo, the software grant cannot license it to the ASF, and since I did not explicitly assign an ASF-compatible license to it, the ASF can't just use it. The template for adding something to LICENSE includes the license it is under. So, if this is a personal photo, I think you have the following choices: 1) Ignore me, since really, it is a lot of hassle, and what is the likelihood something bad will happen? 2) Have the photographer send an email to your dev@ list saying that it is under (choose an ASF-compatible license) 3) (Optional) Further have the photographer add in the email that they donate/license the photos to the ASF. This is optional because you can always treat the photos as 3rd-party. 4) Replace the photos. I don't know how strict the ASF wants to be on things like test media photos. If you choose #1, I won't know about it unless it gets brought up on this list. I'm just offering up what I've learned from several software grants and IP clearances. My mental model is that every contribution/pixel/line-of-code is owned/copyrighted by some person or entity under some license (or no license in which case no permissions have been granted). The ASF further wants explicit permission from the owner for every contribution/pixel/line-of-code that is considered part of an ASF project's source. Even if a line of code from outside the ASF is already under the Apache License, the ASF considers it third-party without such permission. You can bundle it in your releases, but it needs to be called out in LICENSE since its owners may have other rules on how modifications get back to the master copy. Of course, IANAL, and most certainly could be wrong. -Alex
