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