5.4.4 Ownership of Computer Software

This section is to further clarify rights and responsibilities on ownership of Computer Software created during activities described as below: 

1. Software created in classes: Students and GIT staff/faculty own the software they create as part of participating in classes, including, but not limited to, instructional classes (such as classes that teach programming or use programming as part of their exercises), project-based classes (such as classes associated with senior design, capstone, and vertically integrated projects), and entrepreneurship classes and programs (such as classes associated with CREATE-X and InVenture Prize). GIT staff/faculty shall declare with OTL the ownership of such software that they intend to distribute, license, sell, or otherwise use for non-GIT related purposes. Such registration shall include a description of the circumstances of its creation including but not limited to the name(s) of creator(s), class information, and date of creation. Students are exempt from this requirement. 

2. Software created outside of classes: Computer Software created by students is owned by the student if (a) there is not a more than incidental use of GIT equipment and/or resources that are not available to the general public without charge; or (b) the software is not covered by the other sections of this policy.  

3. Software created as part of teaching: Students and GIT staff/faculty own the software they create as part of teaching and instruction. Examples of such software that GIT staff/faculty may create as part of class administration include, but are not limited to, practice exercises, interactive web sites, class forums, grading software, and plagiarism detection software.  For the purposes of education within the GIT community, GIT and GTRC retain a fully paid up, perpetual, universe-wide, non-exclusive, royalty-free license to use, re-use, distribute, reproduce, display, make derivative works of said software. GIT staff/faculty shall register with OTL the ownership of such software that they intend to distribute, license, sell, or otherwise use outside the GIT community. Such registration shall include a description of the circumstances of its creation including but not limited to the name(s) of creator(s), class information, and date of creation. Students are exempt from this requirement. 

4. Software created as part of sponsored research: Computer Software created as part of sponsored research is governed by the grant or contract terms agreed upon between the sponsor and GTRC and/or GTARC. Computer Software sponsored by GIT and/or GTRC internally is owned by GTRC. GTRC-owned Computer Software may be distributed by the creator(s) to others for academic and research purposes only, provided that proper copyright notice and disclaimers are included. Any other release or distribution of said Computer Software must be coordinated with OTL. OTL will provide timely guidance for distribution licenses and will arrange for copyright registration when appropriate. Distribution for internal GIT and/or GTRC purposes need not be coordinated with OTL and is permissible with the written approval of any Creator of the software. 

5. Software created with support of gift funds: Students and GIT staff/faculty own the software they create as part of efforts supported solely by gift funds. For the purpose of this policy, gift funds include both general and designated gifts. Creators are encouraged to release such software in the public domain with appropriate disclaimers and copyright notices. GIT and GTRC retain a fully paid up, perpetual, universe-wide, non-exclusive, royalty-free license to use, re-use, distribute, reproduce, display, make derivative works of said software. GIT staff/faculty shall declare to OTL such software that they intend to distribute, license, sell, or otherwise use outside the GIT community. Such registration shall include a description of the circumstances of its creation including but not limited to the name(s) of creator(s), funding information, and date of creation.  In the case where software is created with support of mixed funding sources, Creators must establish and agree to a mechanism to document the source of funds for each portion of the software created. When applicable, ownership of the creation is determined by the terms and conditions of the funding source.  

6. Software created during individual activities: Where Computer Software is created during faculty/staffs’ individual activities, the Creator(s) shall own the software, if (a) these activities are outside Creators’ GIT duties or assignments; and (b) there is no use, except in a purely incidental way, of GIT resources in the creation of such software; or such resources are available without charge to the public. For the purpose of this policy, external consulting is considered an individual activity that is outside the Creator’s GIT duties or assignments.