Article View: comp.admin.policy
Article #262Re: reality check - with apologies
From: Bruce Hayden
Date: Thu, 17 Dec 1992 15:47
Date: Thu, 17 Dec 1992 15:47
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2293 bytes
jbotz@mtholyoke.edu (Jurgen Botz) writes: >In article <1992Dec16.132319.520@uoft02.utoledo.edu> dsmith@uoft02.utoledo.edu writes: >Furthermore, if your institution does not have a written policy in >this regard (that you signed!), then any software written by you is >your property and your property alone. (The author of any work >automatically has copyright ownership in most countries including the >US, unless he/she explicitly renounced such rights.) If your work >involves porting someone elses software, then it is a derivative work, >and as such that portion that makes the work derivative is yours, i.e. >you don't own the original software, but have full and sole ownership >of the modifications that were necessary to port the software. It is >important to note here that many academic institutions require their >faculty, staff, and students to sign a document that gives the >institution copyright ownership of any work that is produced using the >institution's resources, but if you did not sign any such document >your work is yours. I am not sure I agree. Most faculty would be considered employees of the school. You do not own software (or any other work) created in the course of your employeement, if you are an employee - your employer does. Where the agreement is necessary is when you are an independant contractor. In that case the work belongs to the creator unless a contract says otherwise. Some of the inidica of employment that faculty would fail would be: - they get regular paychecks, with all the proper deductions. - the school usually provides a place of work. - the school usually has some control over what they do. Bruce E. Hayden (303) 758-8400 bhayden@csn.org
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Path: arc1-ca.pugleaf.net!sparky!uunet!zaphod.mps.ohio-state.edu!cs.utexas.edu!usc!hela.iti.org!cs.widener.edu!dsinc!ub!csn!teal!bhayden From: bhayden@teal.csn.org (Bruce Hayden) Newsgroups: comp.admin.policy,comp.edu,comp.software.licensing,misc.education Subject: Re: reality check - with apologies Message-ID: <bhayden.724607233@teal> Date: 17 Dec 92 15:47:13 GMT References: <1992Dec16.132319.520@uoft02.utoledo.edu> <BzDnMz.D3A@mtholyoke.edu> Sender: news@csn.org (news) Organization: Colorado SuperNet, Inc. Lines: 34 Nntp-Posting-Host: teal.csn.org