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Software licensing & open source
Align development contracts, source-code access and component licences with deployment and distribution.
German copyright law and relevant European rules. The appropriate solution depends on the facts, agreements and intended use.
Legal framework
Software projects can involve distinct rights in code, documentation, interfaces and databases. German law contains specific rules for employee software, permitted use and decompilation. Payment for development does not itself resolve every right in commissioned code, particularly where freelancers or subcontractors contribute.
Practical guidance
Development agreements should address specification, acceptance, maintenance, modification by third parties and onward distribution. Secure access to repositories, build instructions and documentation. Possession of source code and legal permission to use or modify it remain separate questions. An exit plan should make future maintenance technically and legally possible.
For open source, inventory components and licence versions, then examine integration, modifications and the delivery model. Obligations may include notices, licence texts and source-code provision. Some licences address network deployment, while others focus on distribution. Treat SaaS and on-premises release as different scenarios rather than assuming that either is automatically compliant.
Practical examples
These fictional examples illustrate common issues; they are not accounts of particular client matters.
Example 1
SaaS becomes an installed product
A vendor starts delivering software to customer systems. Distribution may trigger obligations that were not relevant to the earlier hosted model. Review notices, components and any source-code requirements before release.
Example 2
Supplier retains the repository
At project end, the customer receives only executable files. Review delivery obligations and rights before arranging another maintainer. Technical handover and third-party component permissions need to be addressed together.
Example 3
Software licence audit
A supplier alleges excessive users or installations. Compare the agreed metrics, actual use and contractual audit rights. Preserve inventory records and investigate discrepancies before accepting additional fees.
Frequently asked questions
Must all proprietary code be published when using open source?
No. The answer depends on the licence, integration and use. There is no single rule applying to every open-source licence.
May software be modified to fix errors?
Section 69d contains rules on intended use including error correction. Entitlement, necessity and contractual terms require case-specific assessment.
Preparing for advice
01 · Your objective
Explain the intended use or dispute, the parties, countries and any deadlines.
02 · Your documents
Gather agreements, licence terms, drafts, evidence of use and relevant correspondence.
03 · Next steps
We agree the scope and fees, then assess the permissions, contractual changes or proceedings required.
Related topics
Copyright licences & exploitation rights · Games & digital content · AI, training & text and data mining
Advice from German specialist lawyers
Michael Horak and Julia Ziegeler are German-certified specialist lawyers in copyright and media law. Hanover is our headquarters. We advise at our offices and by video conference. Meet the team · Contact us in English.
Legal reference: German Copyright Act (official German text).