[uug] [Fwd: Re: IP policy question]

[Andrew Jorgensen]

Here's my conversation with Lynn Astle of Technology Transfer. Yes, we 
top-posted. My apologies to those of you who hate that.
--- Begin Message ---
The 45% is divided among all of the developers as shown in the example
in the policy.  The income is all revenue received after the outside
expenses are reimbursed as explained in the example in the policy.  The
dean makes the decision of ownership based upon his/her interpretation
of the guidelines in the policy.
Lyn Astle

-----Original Message-----
From: Andrew Jorgensen [mailto:[EMAIL PROTECTED] 
Sent: Thursday, March 27, 2003 1:39 PM
To: Lynn Astle
Subject: Re: IP policy question

Lynn,

Thank you for taking time to clarify the policy for me. I had read the 
policy and felt it was vague enough to leave room for university 
ownership of something produced on university equipment (a computer 
lab) while employed in any way by the university (custodial).

Perhaps it would be worth while to revise the policy to make this kind 
of condition more clear.

If you don't mind answering a few more questions: It is mentioned 
below that the student will recieve 45% of the income from a project 
'owned' by the university. What does this mean and how is it possible?

If a project is developed with the aid of a professor or in a group of 
students how would the 'income' be partitioned?

As BYU is a non-profit organization what, exactly would be considered 
'income'?

Feel free to use WordPerfect as a hypothetical example. What the 
original developers of WordPerfect have received from the university 
had this policy been in place at the time?


Another clarification I'm looking for is creative works such as music 
or poetry. If I were employed by the Music Department as a professor 
who owns my compositions while I employed there? Similarly, if I were 
employed in English, who owns a novel that I write?

I've heard that some corporations would say, without hesitation, that 
in these cases the company owns the product. Since the private work 
was directly related to company work and it is unclear whether company 
resources were used or in some way company knowledge or innovation 
might have been incorporated into my personal project many 
corporations will say that they own private works as well.


And finally: If I'm a graduate student who owns my thesis work?

Again, I have read the policy and find it unclear, otherwise I 
wouldn't ask.

Lynn Astle wrote:
> Andrew,
> 
> First, I suggest you read the policy which you can find at
> www.techtransfer.byu.edu.  The university owns what you do during your
> employment.  Class projects, etc. are yours.  If you wrote the
software
> as part of our employment work through your supervisor, if it was for
a
> class or personal interest, you are free to do whatever you wish with
> it.
> 
> Lynn Astle
> 
> -----Original Message-----
> From: Andrew Jorgensen [mailto:[EMAIL PROTECTED] 
> Sent: Wednesday, March 26, 2003 7:40 PM
> To: Lynn Astle
> Subject: Re: IP policy question
> 
> So suppose I work in custodial, and I'm working on a project for a 
> class which I think is worth something. I'm employed by the 
> University, but I'm not doing the project for the University. Is that 
> project mine or yours?
> 
> Specifically perhaps I'd like to release the source code for my 
> program under a public license like the GPL. Under what conditions may

> I do so?
> 
> Thanks for your time.
> 
> Lynn Astle wrote:
> 
>>Dear Andrew,
>>
>>To answer your question:  Simply put, the policy states that if a
>>student is employed by the university, the work product belongs to the
>>university.  Or, if the student is not being paid, but is involved in
> 
> a
> 
>>project that does belong to the university (e.g., a faculty's research
>>program) or if the student uses a significant amount of university
>>resources (e.g., the motion picture studio) then again the university
>>will own the work product.  But then the university will handle all
> 
> the
> 
>>IP protection and marketing and will give the student 45% of the
> 
> income.
> 
>>This percentage is more liberal than the majority of universities in
> 
> the
> 
>>nation.
>>
>>I hope this answers your question.
>>
>>Lynn Astle, Ph.D.
>>Director, Technology Transfer
>>A-285 ASB
>>Brigham Young University
>>Provo, Utah 84602
>>
>>Phone:  (801) 422-6266
>>Fax:    (801) 422-0620
>>Email:  [EMAIL PROTECTED]
>>
>>
>>
>>
>>-----Original Message-----
>>From: Andrew Jorgensen [mailto:[EMAIL PROTECTED] 
>>Sent: Tuesday, March 25, 2003 9:55 PM
>>To: [EMAIL PROTECTED]
>>Subject: Question
>>
>>I have a simple question: Who can I talk to about BYUs Intellectual 
>>Property Policy?
>>
>>I'd like to have a better understanding of what it means for me (a 
>>Student) and how to push for it to be changed if I'm not comfortable 
>>with it. I'm really quite serious about this. My first goal is to 
>>understand what it really means for students. My impressions are that
> 
> it
> 
>>is too restrictive, but perhaps it is not. I'd like to clear up any 
>>misconceptions I may have.
>>
>>I'd prefer to speak with someone who really knows what this policy
> 
> means
> 
>>and how it _will_ be interpreted.
>>
>>Thanks,
>>
>>Andrew Jorgensen
> 
> 

--- End Message ---