§206M-34 - Copyrights and licenses.
§206M-34 Copyrights and licenses. (a)
The development corporation shall have the authority to copyright software
applications and programs developed for state use with public funds and to
license their subsequent sale and distribution; provided that this authority
shall be subject to the terms and conditions of a contract to license between
the development corporation and the affected state departments or agencies that
developed the software applications or programs; and provided further that the
authority shall not apply to software applications and programs developed by or
on behalf of private sector qualified persons for which the development
corporation has issued special purpose revenue bonds under this chapter or
otherwise provided financing. Any copyright arising from center activities
shall belong to the State and any revenues generated by licenses and subsequent
sale and distribution of copyrighted software shall be deposited into the
general fund unless otherwise stipulated in a licensing agreement.
(b) The development corporation shall have the
power to contract to license with state departments or agencies and the
University of Hawaii to license software to Hawaii-based software development
companies on behalf of the State for the purpose of software enhancement,
resale, and providing value-added services. The development corporation shall
ensure through a license that the licensee shall use the software asset solely
for the purposes enumerated in the licensing agreement.
(c) Nothing in this section shall change the
existing authority of state agencies to license or copyright software products.
[L 1990, c 106, pt of §4(2); am L 2000, c 72, §23]