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- [ We believe this policy was current as of early 1990, although it may
- not have been and it may have changed or change at any time. If you want
- to be sure, don't believe this but rather consult the University and/or
- your lawyer. -- lab@cs ]
- January, 1988
-
- University of Toronto Policy on Computer Software
-
-
- Purpose
-
- The purpose of this policy is to establish principles with respect to
- the ownership of computer software developed at the University of
- Toronto so that the creation, dissemination and use of such software
- may be encouraged.
-
-
- Applicability
-
- This Policy shall apply to all members of the teaching and
- administrative staff (i.e., to all staff members) of the University of
- Toronto, to students of the University of Toronto and to visitors to
- the University of Toronto.
-
-
- Definitions
-
- "Computer software" is a set of instructions that is expressed, fixed,
- embodied or stored in any manner and that can be used directly or
- indirectly in a computer in order to bring about a specific result. In
- this policy, "computer software" includes related documentation.
-
- In this Policy, the term "ownership of computer software" includes
- ownership and control of the copyright and other intellectual property
- rights therein and all other rights thereto.
-
- Computer software is protected by copyright law and may in some
- circumstances be patentable. Computer software for which a patent is
- or is to be sought is subject to the University's Inventions Policy.
- All other computer software is subject to this Policy.
-
- The following definition and comment is extracted from the Government
- of Canada _Information Bulletin_, No 192 25600 E FS-87-3807E, May
- 1987:
-
- Copyright is the exclusive right to publish, produce,
- reproduce, translate, broadcast or adapt a work, or perform it
- in public. In Canada, copyright automatically exists upon
- creation of an original work if the creator is a Canadian
- citizen or resident, or is otherwise qualified under the
- Copyright Act. Creators own the copyright in their work
- unless they are employed by some other person to create the
- work. In this case the employer owns the copyright. The
- Federal Court of Canada has ruled that computer programs are
- protected by copyright law.
-
-
- Policy
-
- It is the policy of the University of Toronto that all ownership of
- computer software shall remain with the creator unless the creator was
- hired or commissioned to create the software, or unless the computer
- software is created under a grant or contract specifically for its
- creation.
-
- If the computer software is created as part of a research program that
- uses funds administered by the University of if significant use has
- been made of University resources in creating the computer software,
- then the University may, at its discretion, require that rights to the
- software be assigned by the creator to the University.
-
- For clarification of this policy, reference should be made to the
- following categorization of circumstances that may give rise to the
- creation of computer software.
-
- Categories of Computer Software
-
- Ownership of computer software and the circumstances in which the
- University will require that ownership be assigned to the University,
- depend on the category within which the software falls. The categories
- are described below.
-
-
- Category 1:
-
- Computer software created through work for hire.
-
- a) Institutional software: Computer software created for
- University purposes in the course of the creator's
- employment or under a contract-for services. This includes
- work performed by staff programmers and situations in which
- the University or its officers or administrators direct
- that the computer software be written and the University
- provides the funding for remunerating the creator.
-
- Ownership of the software belongs to the University
- exclusively.
-
-
- b) Work for hire not for institutional purposes: Computer
- software created as the result of an individual being
- employed as part of a program or project, where the funds
- supporting the program are administered by the University
- (note Category 3 below) and where the creation of computer
- software is all or part of the purpose of the employment.
-
- Ownership of the software belongs to the project director,
- or as provided in a prior agreement with the sponsor of the
- project, and may be subject to the rights of the University
- to require assignment of the computer software to the
- University (see Category 3, below).
-
- For software developed under this Category, the manager or
- director of the project is responsible for ensuring that a
- suitable agreement is signed by each employee involved in
- the creation of the computer software.
-
-
- Category 2:
-
- Computer software created under an externally funded grant or
- contract that is entered into specifically for the creation of
- computer software.
-
- Ownership will be assigned to the University by a written
- agreement with each individual involved in the grant or
- contract, as a condition of the making of the grant or entering
- into the contract. The University may assign ownership of the
- copyright to the sponsor. Any proceeds which come to the
- University as a result of the commercialization of any computer
- software developed under such grants or contracts will be
- distributed in accordance with the formula used in the
- University's Inventions Policy. Individuals involved in the
- development of the software will share equally among themselves
- in any revenues unless written agreement is made by all
- participants prior to the start of the project.
-
- The project director of the grant or contract is responsible
- for ensuring that a suitable agreement is signed by each
- employee involved in the grant or contract.
-
-
- Category 3:
-
- Computer software that arises as part of a research program or
- programs using funds administered by the University or software
- that has been created with the significant use of University
- facilities or resources.
-
- Ownership of the computer software belongs to the creator of
- the software until such time as commercialization is proposed.
- If commercialization is proposed, the University affirms its
- interest in the development and may elect to share in the
- financial rewards therefrom.
-
- At the time that commercialization is proposed by either the
- creator or the University, the Chair of the Department (or
- other comparable administrative officer) must be informed in
- writing of the computer software and of plans for its
- commercialization; a description of the software and its
- intended or possible applications is to be included.
-
- Disclosure forms are to be prepared by the creator for review
- by the University Committee designated as responsible for this
- review. That Committee may require the assignment of the
- copyright to the University in return for an agreed share of
- the royalties or other proceeds.
-
-
- Category 4:
-
- Computer software created by an individual independently of
- research programs where funds are administered by the
- University and where no significant use is made of University
- resources or facilities.
-
- Ownership of the computer software belongs to the creator
- exclusively. Because rights belong exclusively to the creator,
- no procedures are required.
-
-
- Category 5:
-
- Computer software written by a student supported neither by
- grant nor contract but as part of assigned work or studies or
- as independent activity.
-
- Ownership of the computer software belongs to the creator
- exclusively. Because rights belong exclusively to the creator
- in these cases, no procedures are required. (Where a student
- is involved in the development of software defined in
- Categories 1 to 4, the rights of the student are determined
- according to the rules applicable to those Categories).
-