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- Xref: sparky comp.admin.policy:1652 comp.edu:2217 comp.software.licensing:113 misc.education:5370
- Path: 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
-
- 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
-