Case Studies—Howsoftwareishandledunder theCopyright Ownership and Management of Software Policy

Howdeveloped? / OwnershipandRights of Use / Management andDistribution
Rights and Protocols
Developerinitiated andsupported:
Softwaredeveloped by university faculty, staff, students and/or studentorganizations which is
•Withoutoutsidesponsorship restrictions,
•Nota directeduniversitycollaborative effort,
•Notfor universityadministrative purposes,or
•Developedwithoutsubstantial useof universityResources / Faculty, staff, studentor student organization developers ownthecopyright
ISU retains rightforinternal non-profituse.Example:If a faculty member leaves, ISUhas therighttousesoftwareforclassroom purposes.
Note: Ifthesoftwaredeveloped bystaff employeesisnotwithin their scopeof duties, ISU has noclaimorrighttouseas long assubstantial university resources were notused.Example:Staffmember in business officeuses his/her own time and own computing facilities to developsoftwaretotrackpersonalexercise. / Faculty, staff, studentor studentdeveloper
For softwaredeveloped bystaff employeesfor universitypurposes with potential commercial use,may consultwithOIPTT.
Software developed undersponsorshipwithoutrestrictionand processedthrough OSPA (sponsordoes notclaiminterest) / ISU ownscopyright
Developers retain rightforinternal educational andresearch activity. Example:Researcherretains righttocontinuetousesoftware developed undersponsorship andtocreatederivativeworksina universitysetting, butnotinconsulting activityorother commercial purposeswithacompanywithoutwritten approvalfrom ISUor ISURF. / For commercially viable software (including consulting activity), OIPTT must be consulted.
Software developed under restriction:
Softwaredeveloped underan agreementthat providesthesponsor rightsinsoftware.
Examples:AgreementswiththeUS Department ofEnergyandindustrysponsors haveclausesstipulating thattheyretaincertainrights insoftware. / In accordancewith agreement
Generally,ISURFwill ownthecopyrightbutISUretains a righttouse softwaredeveloped undersponsorshipfor internal non-profiteducationaland research purposes.Ifsucha rightis granted, the developersshall alsohavesuch rightstousethesoftwareandcreate derivative works inauniversitysetting, butnotforcommercial purposeswithacompanyincludingconsulting withoutwritten approval fromISURF. / In accordancewithagreement
OIPTTmustbe consultedfor compliancewiththe federal regulationsor industryagreement.
Ames Laboratory Office of Sponsored Research Administration must be consulted for compliance with the Ames Lab agreement.
Substantialuseof universityresources:
Examples:
  1. Softwaredeveloped after permission hasbeen grantedtousespecializedfacilitiesofthe university. E.g., Graduatestudentis authorizedto useC-6 forprojectrelatedtodissertation which is notsponsored.
  2. Software is developed by faculty and staff that will analyze and provide real-time imaging of cattle inter-muscular fat and muscle. University staff were paid to code and debug the software.
/ In absence of an agreement otherwise, ISU will own the copyright
Developers retainrightforinternal non-profiteducational and research useatISU. Rightsaregenerallyreservedforthedeveloper toalsousethesoftwareandcreatederivatives atother non-profit organizations/institutions for educationaland research use.No rights aregranted for commercial use,includingconsulting,withoutwrittenapproval from ISU or ISURF.
Note:Useofcomputingequipmentnormallyaccessibletoemployees, such as useofstandard desktopor laptopcomputers,and computing labs opentostudentsor staff shall notbeconsideredspecialized facilities. / ISU college or department
OIPTTmustbe consultedbefore distribution.
OIPTT manages distribution.
Collaborativeworksdirected byuniversityoruniversityunit:
Example:Programbegins initiativeon developing researchtools,requiringthe assistanceofa teamofresearchers,andthe projectis directedbya person designated by theprogramdirectoror chair / ISU owns copyright
Subjecttoany agreementbetween developers,eachdeveloper retains rightfor internal non-profitresearch andeducational use while atISU. Example:Researcher retains right tocontinuetouse softwaredeveloped undersponsorship andtocreatederivative works whileatISU. / ISU collegeor department
Collaborative works directed by a principal investigator for a university unit:
Example: A PI’s research project has developed a manufacturing software program that is continuously used and modified and is a key component to the function of a research group. The program is developed and modified over 10 years and is a valuable research and educational project for graduate students. There are multiple faculty and student developers of this program over the 10-year period. Now the program has attracted commercial interest but there is a need for the center to provide support to the commercial users of the program. / ISU, including any derivative works.
Subject to any agreement with a funding source, each developer retains the right to continue to use the software program for non-profit research and educational purposes and to create derivative works while at ISU. If income is available for sharing, the university unit will receive the developers share and no sharing will go to the developers. / ISU College or Department
OIPTT manages distribution
Administrative Work: Softwaredevelopedtocarryoutuniversity administrativeand business functions.
Example:Admissions requests ITstaff to developsoftwaretomanageadmissions contacts. / ISU owns copyright / Unitdevelopingthesoftware
If thesoftwareisto be soldcommercially, OIPTTmustbe consulted.
Extension Work:Softwaredevelopedfor public useas partofextension activity.
Example:Softwaredeveloped as a calendar additionsothatfarmerswill remember to conductcroptesting. / ISU owns copyright
Developer retains rightforinternal non-profiteducational and research usewhile atISU or other non-profitentity.Example: Researcher retains righttocontinueto usesoftwaredeveloped under sponsorship andtocreatederivativeworks. / Extension
If thesoftwareis tobe sold/licensedcommercially, OIPTTmustbe consulted.

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