Revision Note
This part was renumbered as part III by L 2000, c 72, §3 but the part II designation is retained pursuant to §23G-15.
§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]
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