§206M-34  Copyrights and licenses.  (a) The development corporation shall have the authority to copyright softwareapplications and programs developed for state use with public funds and tolicense their subsequent sale and distribution; provided that this authorityshall be subject to the terms and conditions of a contract to license betweenthe development corporation and the affected state departments or agencies thatdeveloped the software applications or programs; and provided further that theauthority shall not apply to software applications and programs developed by oron behalf of private sector qualified persons for which the developmentcorporation has issued special purpose revenue bonds under this chapter orotherwise provided financing.  Any copyright arising from center activitiesshall belong to the State and any revenues generated by licenses and subsequentsale and distribution of copyrighted software shall be deposited into thegeneral fund unless otherwise stipulated in a licensing agreement.

(b)  The development corporation shall have thepower to contract to license with state departments or agencies and theUniversity of Hawaii to license software to Hawaii-based software developmentcompanies on behalf of the State for the purpose of software enhancement,resale, and providing value-added services.  The development corporation shallensure through a license that the licensee shall use the software asset solelyfor the purposes enumerated in the licensing agreement.

(c)  Nothing in this section shall change theexisting authority of state agencies to license or copyright software products.[L 1990, c 106, pt of §4(2); am L 2000, c 72, §23]