[ We believe this policy was current as of early 1990, although it may not have been and i

---
Master Index Current Directory Index Go to SkepticTank Go to Human Rights activist Keith Henson Go to Scientology cult

Skeptic Tank!

[ 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).

---

E-Mail Fredric L. Rice / The Skeptic Tank