Software Disclosures

The Office of Technology Licensing assists inventors and authors in protecting intellectual property for software, multimedia, and algorithms developed at UC Berkeley through a combination of patents and copyrights. Software may contain copyrightable source code, patentable algorithms, or both.

OTL also assists authors in protecting Open Source Software.

If your software incorporates a patentable process, please submit a technology disclosure for the patentable process, in addition to disclosing the software code. 

Disclose Software

Submit disclosures for software, multimedia, or algorithms created while affiliated with UC Berkeley.

Software Copyright Notice and Disclaimer

How to protect software authors and UC from liability that might result from the use of software.

Research Data and Software Policies

Find UC policies for copyrights, software, entrepreneurship and tenure, and more.

Open Source Software

UC Open Source Software Resources

Guidance on OSS rights and responsibilities, licenses, laws, and policies.

How to Choose an Open Source Software License

Assess the key criteria of various OSS licenses with a UCOP-developed RIsk Matrix.

BSD License

Access the Berkeley Software Distribution License for unlimited redistribution of OSS software.

FAQS

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What is open source software?

Open source is a term that loosely describes software that is licensed under terms that allow the user of the software to look at the source code and modify it, and to distribute the modifications. Beyond these general characteristics, open source licenses vary widely in their requirements. Some open source licenses (for example, the BSD license) allow modifications to be kept proprietary; some (such as the General Public License, or...

Which types of licensing models can I use to distribute the software I have developed at Berkeley?

There are many different types of licenses that can be used to release software, depending on the form in which the code is being released (source or object), what rights the licensee will have in the software, and whether the software is protected by patent as well as copyright. Options include licenses that allow commercial use, licenses that allow only non-commercial or academic use, open source licenses, and many others. The OTL can work with the authors/inventors to determine the licensing program that best meets your needs.

What protection does copyright offer?

Copyright, a form of intellectual property law, protects the expression of original ideas, but not the ideas themselves.

Copyright protects original works of authorship, such as software source code, manuals, survey instruments, and videos, when they are fixed in a tangible medium of expression. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.

Copyright gives a copyright holder exclusive rights in some uses of the copyrighted work....

Which laws and University policies govern the disclosure and release of software?

Primarily, software is governed by the UC Copyright Policy (and any local copyright policies implemented by the campus) and the UC Patent Policy. The UC Copyright Policy specifies ownership of various categories of copyrighted works and provides for the sharing of licensing revenues received by the University with the authors of copyrighted works as determined by local campus policies. Under the UC Patent Policy, as a condition of their employment, employees agree to disclose potentially patentable inventions made during the term of their employment, and to assign their rights to the...

How do I disclose software?

Software is disclosed by submitting to the Berkeley IPIRA Office of Technology Licensing a brief description of the software along with information about the authors and sources of sponsorship utilized in creating the software, related software such as underlying works and derivative works, and an indication of how the authors would like to release the software. This disclosure may be downloaded from the IPIRA web site.

What is the difference between patenting and copyrighting software?

Patents and copyrights are two different types of intellectual property rights. U.S. patent law gives the patent holder the right to prevent others from making, using, selling or importing a program that performs the same function or process as the patented software, even if the code is entirely different from the patented software, whereas copyright law protects only the code as it is written. It is possible to protect some software under both copyright and patent law. Another significant difference between patent and copyright for software is in the definition of an inventor versus...

What are some open source licenses that are commonly used by the UCB community, and where can I obtain a copy?

Different types of projects may favor different kinds of open source licenses. You may want to check with others in your department or field of study to find out what types are commonly used. If you are planning to release software into an existing collaborative project, you may find that a license has already been chosen. If this is the case, it is a good idea to check with the OTL before committing to the project. The OTL can work with you to help you choose an appropriate open source license and provide you with an example of the open source license document. Some licenses that...

My research group is planning to release some or all of our work under an open source license. Should we talk to OTL before we start the project?

Yes, this is a good idea, just as it is with any software development project. For open source licensing plans, in particular, it will be important to determine whether you need informed consent from all UCB authors and to check for conflicting license terms. In addition, it is important to understand the open source licensing model you have chosen, as the licenses vary widely in their implications and may force you and future project participants to accept certain obligations regarding the use and distribution of any modification to the code. The OTL can help you answer questions...

My research group will be starting a software development project soon. Should we talk to OTL before we start the project?

Yes, it is a good idea to make certain arrangements beforehand if you plan to use a particular distribution model to ensure your ability to easily distribute the code in a manner consistent with your goals for the project. For example, if you plan to distribute under a license that will preclude authors from realizing their right to share potential revenue from licensing the resulting software, then the project needs the informed participation of all authors and concurrence of any other owners. OTL can work with you to obtain the informed participation and concurrence. OTL...

I have developed some software and would like to release it under an open source software license. How can I do this?

Fill out the software disclosure form. Please indicate the type of open source license under which you want to release your software. The academic license commonly used at Berkeley may be viewed. The OTL will work to quickly determine any possible encumbrances and will work with you to release the software under your chosen license or another appropriate license that meets your goals. Please make sure, however, that all authors of the software sign the completed form before submitting it to the OTL. If you are planning to release software into an existing collaborative project, you...

If the University licenses software to a company, will I still be able to use it in research?

Yes. All commercial licenses reserve to University researchers the right to continue using the licensed software authored while employed by the University and subject to UC Copyright Policy for research and educational purposes.

Can software be released under more than one type of license? When would this be a good idea?

Software may be released simultaneously under several different types of licenses. For example, software may be released as object code for one purpose and as source code for another application, or may be released at one fee for commercial users and at a reduced fee or for no charge under a license that allows only academic use. Some sections of the code could be released under an open source license and the entire code under a traditional proprietary license. Software may be licensed to one user for internal use only, but a license to another user may allow external distribution of...

If I want to release software under an open source licence, how long will the OTL evaluation take?

If the software disclosure indicates the authors' preference for a specific form of distribution, such as distribution under an open source license, the University's evaluation of the software would consist primarily of determining third party rights, the most appropriate form of intellectual property protection, whether the software can legally be distributed as requested by the authors, and obtaining concurrence of any co-owners of the software. If the distribution method affects the authors' right to a share of revenue in accordance with campus policies, OTL needs to confirm the...

How does the OTL evaluate software disclosures?

OTL works with the authors to determine ownership and third party rights, and to evaluate the software for commercial value and the most appropriate form of distribution and intellectual property protection. Determination of ownership and rights involves sorting out authors from other contributors, determining the employment status of the authors and contributors, establishing whether works are "works made for hire" or made through independent effort, and considering whether a work is a joint work, a compilation, a derivative work or uses pre-existing content owned by others. OTL...

Do I need to disclosure the software I have developed to the OTL? If so, why?

Software should be disclosed to OTL before it is distributed outside the University, so that the University can determine under which conditions the software may be legally distributed. Also, disclosure may be required by the contract under which the software was developed, or may be required by a co-owner of the software. Software that embodies a patentable invention may have additional disclosure requirements under federal statute or under the development contract that funded the creation of the software.

What if a visiting scientist develops some code?

The UC Copyright Policy provides that the University owns software developed using University resources, funds and facilities. If the software embodies a patentable invention, there may be additional ownership issues to consider.

Who owns software that I have developed while working at the University?

Under the UC Copyright policy, with some exceptions called out in the policy, the University owns software that is produced by its employees in the course and scope of their employment, and software that is produced with the use of University facilities or funds, and software that is produced by or through the University in the performance of a written agreement between the University and a sponsor. Software that embodies a patentable invention is also subject to the UC Patent Policy. For software governed by both policies, the UC Patent Policy takes precedence.

Who is an author of software?

The "author" of software is generally the original creator or creators of the code (note that a piece of software may have several different authors). The author(s) own(s) the copyright in the program. Under U.S. Copyright Law, when software is created in the course of the creator's employment, however, the employing institution (such as a company or academic institution) is considered the "author" of the code for copyright purposes under the "work made for hire" doctrine. This means that the institution owns the copyright, rather than the individual creator(s). Consistent with U.S....