I am writing some software that uses methods described in a few papers. The paper describes algorithms in terms of mathematical functions and equations. An example is, for instance, this one). The paper itself doesn't contain any source code - that is my own creation.
Where can licensing terms for the papers be found? What rights are implied when there is no reference to a license? What do I need to be aware of as I convert the algorithms described in the paper into a software package?
Copyright doesn't protect methods, only particular fixed expressions. 17 USC 102
Some methods (but not algorithms) may be protected by patent. Diamond v. Diehr 450 U.S. 175 (1981)
More exactly, "an algorithm, or mathematical formula, is like a law of nature, which cannot be the subject of a patent". However, in Diamond,
the respondents here do not seek to patent a mathematical formula. Instead, they seek patent protection for a process of curing synthetic rubber. Their process admittedly employs a well-known mathematical equation, but they do not seek to preempt the use of that equation. Rather, they seek only to foreclose from others the use of that equation in conjunction with all of the other steps in their claimed process.
Said another way: the algorithm cannot be protected, but if you are using the algorithm as part of a method or process that as a whole is patented, you would be infringing the patent. The paper does not have to disclose the patent - you could email the authors to see if they have any patent that protects any particular methods using the algorithm in the paper, but that doesn't rule out patents that the paper author is unaware of.
