Bob,
I forwarded your question on to a friend at the Franklin Pierce Law
Center. She forwarded it to Tom Fields. Here are the messages I
received:
*****
>> 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...
-- As with most legends, there is some basis in fact. Works *of* the
*US* government have no copyright. That includes software.
However, states are different and those who create software, e.g., under
grants or contracts w/ the US govt, can hold copyright at least in
theory. Whether the last do will turn on the terms of the grant. General
rules are dangerous. See < http://www.fplc.edu/tfield/copynet.htm#bot>,
where I observe:
"Litigation is expensive. People concerned about, say, the nuances of
fair use must not become so entangled in legal details that they forget
that anything generating income or interfering with another's potential
income dramatically increases the chance of suit.
The most compelling questions are: (1) Is a proposed use of another's
work likely to offend, and (2) Are expected benefits worth the bother
and possible cost to resolve a dispute?"
Tom
Thomas G. Field, Jr.
Professor of Law, Franklin Pierce Law Center
<http://www.fplc.edu/tfield/tgf.htm>
*****
>> Thank you very much for your response. May I post it to the Greater
New Hamsphire Linux Users' Group (GNHLUG) email lists...?
-- Sure.
>> Are you willing to answer further questions on the topic from the
original poster? From other members?
-- If they don't expect anything beyond general information. I hasten to
add that I have no specific information and suspect that the end of my
response to you covers most general queries.
Tom
*****
Here's a link to a government document that seems to bear on your
question. <http://www.whitehouse.gov/OMB/circulars/a110/a110.html>. It
"establishes uniform administrative requirements for Federal grants and
agreements awarded to institutions of higher education, hospitals, and
other non-profit organizations. *."
[At some point, I downloaded a copy, but I can't now imagine why.]
Sec 36, for example, says:
" Intangible property.
(a) The recipient may copyright any work that is subject to
copyright and was developed, or for which ownership was purchased, under
an award. The Federal awarding agency(ies) reserve a royalty-free,
nonexclusive and irrevocable right to reproduce, publish, or otherwise
use the work for Federal purposes, and to authorize others to do so.
..."
Tom
*****
I hope his responses are helpful.
Larry
[EMAIL PROTECTED] wrote:
> People,
>
> 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?
>
> TIA,
> Bob Sparks
> Never attribute to malice, that which can be explained by stupidity.
> Never attribute to stupidity, that which can be explained by lack of
> information.
>
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