Software Disclosure

Software Disclosures

UC Berkeley Office of Technology Licensing assists inventors and authors in licensing software under a variety of distribution strategies. In addition to licensing software code for commercial development and distribution, OTL licenses research code for non-commercial and/or academic purposes and assists authors in offering software via open source licenses.

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...