Reorganise license chapter to focus on practicalities

copyright.Rmd

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+## Copyright
+
+Before we talk about licenses, it's important to talk a little about copyright, because copyright is the legal framework that underpins open source licenses.
+Here we'll focus on US copyright law because that's what we're most familiar with.
+The broad strokes are similar across most countries, but the details will differ so you should also look for a copyright guide for your country.
+(And, again, if you're making any important business decisions, you should consult a local lawyer.)
+
+### Copyright and software
+
+In the US, copyright grants the copyright holder[^copyright-1] six exclusive rights[^copyright-2] to any creative work
+. Three of the rights apply to software
+[^copyright-3]:
+
+[^copyright-1]: This is usually the author, but not always.
+    More on that shortly.
+
+[^copyright-2]: <https://www.law.cornell.edu/uscode/text/17/106>
+
+[^copyright-3]: The other rights apply to things that you can perform (like plays) and sound recordings.
+
+-   To *reproduce* the work in copies.
+
+-   To prepare *derivative works* based upon the work.
+
+-   To *distribute* copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
+
+To express this a little more pithily, only the author has right to **copy**, **modify**, and **share** their code.
+These exclusive rights are strict: if code doesn't have a license, you're not allowed to copy it, modify it, or share it with others.
+
+There are some limitations to these exclusive rights, but only one applies to software: fair use[^copyright-4].
+Defining fair use is hard, and doesn't apply much in software development.
+It does, however, mean that it's usually OK to include a snippet of open source code in a presentation slide without having worry about the license.
+
+[^copyright-4]: The others include things like the right to perform a play in a face-to-face classroom, or you're allowed to sell books that you own, and its ok for authorized companies to make accessible versions.
+
+Fortunately, while these rights are the default, the copyright holder can choose to relax them if they want.
+The goal of open source licenses is to provide a set of standard way of relaxing these rights to make sure that as many people as possible can copy, modify, and share open source code.
+
+Who is the copyright holder?
+If it's something you do as an employee, in the scope of your employment, your employer owns it.
+If it's a contract, you own it, unless you've explicitly agree otherwise (see <http://worksmadeforhire.com> for more details).
+If it's something you do for yourself in your free time, you own it.
+
+### Derivative work
+
+Understanding what it means to copy or distribute code.
+But what does it mean to modify it to create a derivative work?
+No hard and fast rules.
+
+What is a derivative work?
+
+-   Fixing a bug
+
+-   Translating to another programming language.
+
+-   In some cases, rewriting an algorithm might be considered a derivative work, even if none of the original code is included.
+
+-   Forking
+
+-   Including as is probably isn't a derivative work
+
+What isn't a derivative work?
+
+-   Merely using code is not sufficient to make a derivative work. That means that R code that you write to perform a data analysis is not a derivative work.
+
+Derivative work: <https://www.linuxjournal.com/article/6366>.