The Intellectual Property Disclosure Process

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The Intellectual Property Disclosure Process Releasing Open Source Software in Academia Michael Doran, Systems Librarian University of Texas at Arlington doran@uta.edu Prepared Talk - Code4Lib 2007 - Athens, GA

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An ordinary way to open source Your library had a need You composed some product You think the product would be valuable to different libraries, so you choose to make it accessible as free programming You slap on a GNU General Public License (or perhaps no permit by any stretch of the imagination) and put the source code up on the web GNU GPL Michael Doran - Code4Lib 2007 - Athens, GA

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What this presentation is about You slap on a GNU General Public License (or possibly no permit by any stretch of the imagination) and put the source code up on the web You look for consent from your University to discharge the application as open source (free) programming and if endorsed, you appropriate it Intellectual property divulgence handle Michael Doran - Code4Lib 2007 - Athens, GA

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The miserable, old truth... You might be the sole author(s) and: composed each and every "piece" of the code slaved for a considerable length of time over a hot stove PC done a great deal of the programming time permitting, on nighttimes and weekends been splendidly innovative (or if nothing else cunning) But you likely don't possess the copyright and can't choose (all alone) to discharge the product as open source Michael Doran - Code4Lib 2007 - Athens, GA

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...the messy lowdown If you utilized any college assets as a part of the formation of your product: work time college subsidizes a college PC teamed up with other college staff Then the college presumably claims the copyright and you should request of them for consent to discharge what you have made Michael Doran - Code4Lib 2007 - Athens, GA

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Who possesses scholarly property?* * From the University of Texas at Arlington Intellectual Property Handbook Intellectual property that is identified with an individual's business obligation, or has come about either from exercises performed by an individual while utilized by The University of Texas System, or upheld by State reserves, or while utilizing The University of Texas System offices has a place with The University of Texas (Part Two, Chapter XII, Section 5.2, Rules and Regulations of the Board of Regents of The University of Texas System). These Rules and Regulations administer all U.T. Arlington workers, possibility for bosses and doctoral degrees, and predoctoral and postdoctoral colleagues. The University's entitlement to protected innovation is not reliant on the wellspring of subsidizing for research. Protected innovation that outcomes from research bolstered by a concede or contract with a government organization or with a benefit or non-benefit element, or by a private blessing or allow to The University of Texas regularly will likewise have a place with the University (Section 5.3). The Intellectual Property Policy requires task of the licensed innovation by the creator to the Board of Regents or other suitable element. This arrangement is essential since the task legitimately assigns the proprietor of the protected innovation. Michael Doran - Code4Lib 2007 - Athens, GA

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Intellectual property improved Intellectual property that is identified with an individual's work duty, or has come about either from exercises performed by an individual while utilized by The University of Texas System, or bolstered by State reserves, or while utilizing The University of Texas System offices has a place with The University of Texas (Part Two, Chapter XII, Section 5.2, Rules and Regulations of the Board of Regents of The University of Texas System). These Rules and Regulations oversee all U.T. Arlington workers, contender for bosses and doctoral degrees, and predoctoral and postdoctoral colleagues. The University's entitlement to protected innovation is not subject to the wellspring of financing for research. Protected innovation that outcomes from research upheld by a concede or contract with a government organization or with a benefit or non-benefit substance, or by a private blessing or give to The University of Texas frequently will likewise have a place with the University (Section 5.3). The Intellectual Property Policy requires task of the protected innovation by the innovator to the Board of Regents or other fitting substance. This arrangement is essential since the task legitimately assigns the proprietor of the licensed innovation. Protected innovation... ...blah, blah, blah... ...has a place with The University Michael Doran - Code4Lib 2007 - Athens, GA

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Intellectual property divulgence Your college (definitely) has: an office/office that handles protected innovation (IP) issues licensed innovation arrangements and strategies a protected innovation exposure prepare University of Texas at Arlington Vice President for Research Office of Technology Management Intellectual Property Handbook Intellectual Property Disclosure Form ( DOC ) Intellectual Property Committee Michael Doran - Code4Lib 2007 - Athens, GA

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Intellectual property revelation Other illustrations University of Georgia Office of the Vice President for Research Intellectual Property Policy Copyright Disclosure Form ( DOC ) Georgia Tech Office of Technology Licensing Copyright Disclosure Form ( DOC ) Software Disclosure Form ( DOC ) Intellectual Property Policy Michael Doran - Code4Lib 2007 - Athens, GA

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Does this IP stuff apply to me? Likely "yes" – inquire as to whether you're not certain Does it apply to this specific programming? Utilize judgment skills as well as ask Size/many-sided quality/inventiveness of program Likelihood of reputation/notoriety/achievement The "Heartbroken, I didn't know any better" reason and additionally the "I figured it's less demanding to request pardoning than consent" procedure may just work one time (or not) Michael Doran - Code4Lib 2007 - Athens, GA

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My stories, or, why hear me out? Effectively shepherded two programming applications through our college's licensed innovation (IP) divulgence prepare so as to (authentically) discharge them as open source/free programming: New Books List ShelfLister And... I've additionally done IP things the wrong way Michael Doran - Code4Lib 2007 - Athens, GA

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Story #1 – amateur's fortunes Very unpolished programming – was proposed to be an illustration instead of an item Source code "illegally" distributed on web App downloaded and utilized by different libraries No IP revelation had been done Comes to the consideration of Library chief, who teaches me to contact University's Intellectual Property Committee An overdue IP divulgence prepare... Michael Doran - Code4Lib 2007 - Athens, GA

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The IP revelation prepare at UTA* * The University of Texas at Arlington Decide if programming is "permit commendable" Obtain, round out, and submit IP divulgence shape (and duplicate of source code) Get on timetable for IP Committee meeting Make "pitch" to Committee sends proposal to Provost settles on ultimate choice Petitioner is informed Takes around six weeks (if all goes well) Michael Doran - Code4Lib 2007 - Athens, GA

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UTA "open source" permit Copyright 2000-2007, The University of Texas at Arlington ("UTA"). All rights held. By utilizing this product the USER shows that he or she has perused, comprehended and will agree to the accompanying: UTA therefore gives USER authorization to utilize, duplicate, adjust, and convey this product and its documentation for any reason and without charge, gave that: 1. the above copyright see shows up in all duplicates of the product and its documentation, or parts thereof, and 2. a full duplicate of this notice is incorporated with the product and its documentation, or segments thereof, and 3. neither the product nor its documentation, nor divides thereof, is sold for benefit. Any business deal or permit of this product, duplicates of the product, its related documentation as well as alterations of either is entirely precluded without the earlier assent of UTA. Title to copyright to this product and its related documentation might at all times stay with UTA. No privilege is allowed to use in promoting, attention or generally any trademark, benefit stamp, or the name of UTA. This product and any related documentation are given "as is," and UTA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT USE OF THE SOFTWARE, MODIFICATIONS, OR ASSOCIATED DOCUMENTATION WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. UTA, The University of Texas System, its Regents, officers, and workers might not be at risk under any conditions for any immediate, backhanded, unique, accidental, or considerable harms regarding any claim by USER or any outsider by virtue of or emerging from the utilization, or powerlessness to utilize, this product or its related documentation, regardless of the possibility that UTA has been instructed concerning the likelihood of those harms. Submit commercialization solicitations to: The University of Texas at Arlington, Office of Grant and Contract Services, 701 South Nedderman Drive, Box 19145, Arlington, Texas 76019-0145, ATTN: Director of Technology Transfer. Michael Doran - Code4Lib 2007 - Athens, GA

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UTA "open source" permit [...] gave that: Copyright 2000-2007, The University of Texas at Arlington ("UTA"). All rights saved. By utilizing this product the USER demonstrates that he or she has perused, comprehended and will conform to the accompanying: UTA thusly concedes USER consent to utilize, duplicate, change, and convey this product and its documentation for any reason and without charge, gave that: 1. the above copyright see shows up in all duplicates of the product and its documentation, or parts thereof, and 2. a full duplicate of this notice is incorporated with the s

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