This would appear to make sense: software the public pays for is owned by the
public. However, this is frequently not the case - and its not easy to determine
when the rule applies.
1. I believe the "public" owns the software when its not copyrighted.
2. Otherwise, the copyright holder owns it. (Which means public and private
employees can copyright the software they write - if their
bosses/NDA's/Employement Agreemets permit it.)
3. UNLESS the software was produced under a work-for-hire situation, in which
case it is owned by the contractor. UNLESS this is overridden by the terms of
the contract. (In other words: the contractor owns whatever isn't covered in the
contract).
I believe there was an Act of Congress a decade or two ago that said all IP
interests in federally contracted software belonged to the contracting agency.
And I think congress shored this up with a few more Acts in recent years. And
just to muddy the waters a bit, I believe there were some clauses that
effectively gave the Fed non-exclusive ownership in the software without
redistribution rights - but I'm relying on unreliable memory here.
To be brief: This is a long story that can't be shortened without losing some
important details. Most lawyers will want details before they can say who owns
something.
--Bruce
Quoting [EMAIL PROTECTED]:
> I have heard, but am unable to verify, that software developed
> using public tax money would be owned by the public.
> I don't know if this is urban legend, or fact.
> Who can I ask? Where can I look?
> I have been told that Franklin Pierce Law Center, here in
> Concord, NH is one of the leading intellectual property
> law schools in the world, but don't know who to ask there.
> Any ideas?
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