2. Introduction
Under the laws of most countries and current international treaties (for example the "Berne Convention for the Protection of Literary and Artistic Work" [Berne]), authors obtain numerous rights in the works they produce automatically upon producing them. These rights include copyrights, moral rights and other rights. In many cases, if the author produces a work within the scope of his or her employment, most of those rights are usually assigned to the employer, either by operation of law or, in many cases, under contract. (The Berne Convention names some rights as "inalienable", which means that the author retains them in all cases.) This document details the rights that the IETF requires in IETF Contributions and rights the IETF, as publisher of Internet-Drafts, requires in all such Drafts including RFC Editor Contributions. The RFC Editor may also define additional rights required for RFC Editor Contributions. In order for works to be used within the IETF Standards Process or to be published as Internet-Drafts, certain limited rights in all Contributions must be granted to the IETF and Internet Society (ISOC). In addition, Contributors must make representations to IETF and ISOC regarding their ability to grant these rights. These necessary rights and representations have until now been laid out in Section 10 of [RFC2026]. In the years since [RFC2026] was published there have been a number of times when the exact intent of Section 10 has been the subject of vigorous debate within the IETF community. The aim of this document is to clarify various ambiguities in Section 10 of [RFC2026] that led to these debates and to amplify the policy in order to clarify what the IETF is currently doing. Section 1 gives definitions used in describing these policies. Sections 3, 4, 5, and 6 of this document address the rights in Contributions previously covered by Section 10 of [RFC2026] and the "Note Well" explanatory text presented at many IETF activities. Sections 7 and 8 then explain the rationale for these provisions, including some of the clarifications that have become understood since the adoption of [RFC2026]. The rules and procedures set out in this document are not intended to substantially modify or alter the IETF's current policy toward Contributions. A companion document [RFC3979] deals with rights in technologies developed or specified as part of the IETF Standards Process. This document is not intended to address those issues. The rights addressed in this document fall into the following categories: o rights to make use of contributed material o copyrights in IETF documents o rights to produce derivative works o rights to use trademarks This document is not intended as legal advice. Readers are advised to consult their own legal advisors if they would like a legal interpretation of their rights or the rights of the IETF in any Contributions they make.
