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- University of Pennsylvania Policy on Computer Software
-
- (Source: Offices of the President and Provost Almanac 4/15/86)
-
- 1. Purpose
-
- The policy set forth herein reflects the following goals:
-
- To maximize the incentive of University faculty and staff to create and
- develop innovative and useful software for instruction, research and
- operational purposes;
-
- To minimize the administrative burden involved in its implementation;
-
- To minimize the potential for misunderstanding, controversy, and
- litigation over the ownership and marketing of computer software;
-
- To protect the interests and rights of all parties that may be involved in
- the creation and development of software - faculty, support staff,
- students, the University, and, in some cases, outside contractors; and
-
- To encourage the University to develop a mechanism to facilitate
- interaction between creators of computer software and potential developers
- of software.
-
- II. Policy Provisions
-
- 1. Under ordinary circumstances, and as a general premise, the creator (or
- creators) of computer software shall be deemed the owner of the software
- in the sense that the creator has the right to market the software
- directly or through arrangements with commercial enterprises or the
- University. The creator is not obligated to share any part of the revenue
- from the sale or licensing of the software with the University or, except
- for Provision 3, with any office or organization within the University.
- This policy is applicable even when the creator used University equipment
- and facilities and received financial support from the University for the
- specific project.
-
- 2. In recognition of the special relationship between the University and
- its employees (including faculty) and students and the practical
- difficulty of defining the equities in the various circumstances under
- which software may emerge, the University shall have the absolute,
- unrestricted right to use without charge, for any purpose, any software
- created by or through the efforts of its personnel.
-
- 3. In addition to Provision 2, the University shall have a non-exclusive
- right to market or license any software created by its faculty and staff
- (and students when participating in University-sponsored or
- University-related projects.) If the University invokes its marketing
- option, whether acting alone or in concert with an external developer, its
- net revenues shall be allocated in accordance with the existing patent
- policy.
-
- 4. The creator of any item of software may petition the University to
- waive its non-exclusive marketing rights. The determining official for
- this action is the Vice Provost for Computing. Such a petition should
- include a description of the software sufficient to enable that official
- to make a tentative judgment as to whether commercial potential exists.
-
- 5. When software is developed through the efforts of two or more persons,
- the potential financial interests of the various parties shall be made
- clear in advance by a private agreement or understanding. Under such joint
- undertakings, faculty members have a special obligation to deal fairly
- with junior faculty and students. If the software is created by a research
- center or other recognized entity of the University, the entity may adopt
- a stated and consistently applied policy of vesting all rights to the
- software in the entity, preempting the more general rights of the
- University.
-
- 6. When any employees of the University, whether faculty or support staff,
- or any outside contractor, have been given a specific task of creating or
- enhancing a particular software product, with full support for the project
- coming from the University, the latter shall routinely require that all
- participants in the project waive in writing any financial interest in the
- product that might otherwise accrue.
-
- 7. If the work leading to creation of a specific piece of software is
- sponsored by a contract between the University and a government agency,
- business firm, foundation, or other external institution, the provisions
- of the contract under which the work is performed take precedence over
- this policy.
-
- III. Effective Date
-
- This policy shall become effective upon approval by the Trustees of the
- University. All contractual arrangements entered into by University
- personnel after the effective date of the policy for the purpose of
- exploiting the commercial potential of software created by such personnel
- shall be subject to the provisions of this policy. Any contracts entered
- into before that date shall be "grandfathered" and enforceable according
- to their terms.
-
- IV. Review and Evaluation
-
- This policy shall be formally reviewed and evaluated after it has been in
- operation for three years.
-