Software Disclosure

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...

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....