Computer Software Copyright Policy

Approved by the Clemson University Board of Trustees
September 20, 1991

(A) Computer software developed by faculty, staff, and student employees resulting from non-university support (i.e., no University facilities, computers, personnel or materials) will at all times be solely owned by the author(s) of the copyright. In this case where Clemson University has no equity in the copyright, the author(s) may choose to market and receive any income as he or she solely desires.

(B) The University is the author and owner of the copyright in computer software developed by faculty, staff, and student employees (hereafter referred to as EMPLOYEE(S)) during and within the scope of their employment, including all works initiated at the University's request. COPYRIGHT INCOME (defined in APPENDIX I) will be distributed according to one of the following plans:

PLAN 1: The University copyrights and markets the computer software on its own. All costs, including copyright and marketing costs, are paid by the University. The breakdown of any COPYRIGHT INCOME on royalties (or any other type of income resulting from the marketing of the computer software) will be as follows:

The University will retain up to 70% of any COPYRIGHT INCOME and will pay the balance to the EMPLOYEE(S). The decision on income division will be made by the Vice President for Research based on a recommendation from the Intellectual Property Committee.

PLAN 2: The EMPLOYEE(S) copyright the computer software naming the University as owner and author and market the computer software on their own. All costs, including copyright and marketing costs, are paid by the EMPLOYEE(S). The breakdown of any COPYRIGHT INCOME on royalties (or any other type of income resulting from the marketing of the computer software) will be as follows:

The EMPLOYEE(S) will receive up to 70% of any COPYRIGHT INCOME and the balance will be retained by the University. The decision on income division will be made by the Vice President for Research based on a recommendation from the Intellectual Property Committee.

PLAN 3: For work initiated at the University's request, the University copyrights and markets the computer software on its own. The University owns the copyrights and will register the copyright in its own name. All costs, including copyright and marketing costs, are paid by the University. Resulting COPYRIGHT INCOME shall be distributed at the University's discretion. The decision on income division, if any, will be made by the Vice President for Research based on a recommendation from the Intellectual Property Committee.

(C) EMPLOYEE(S) who develop computer software under (B) above which they desire to have copyrighted and marketed should forward their proposal through the appropriate dean (for faculty and student employees) or vice president (for staff) to the chairperson of the Intellectual Property Committee. The Intellectual Property Committee will review the proposal and will, on behalf of the University, decide whether to follow Plan 1, 2 or 3. In making its decision, the Intellectual Property Committee will consider the recommendation of the EMPLOYEE(S) but will not be bound by any such recommendation.

(D) For computer software developed under (B) above which is funded entirely by and owned by the Clemson University Research Foundation (CURF) (through a written contract with Clemson University), the University will, in its contract with CURF, require CURF to pay the EMPLOYEE(S) the same amount of royalty payments that the EMPLOYEE(S) would have been paid under this policy had the computer software been funded and developed by the University.

APPENDIX I

"COPYRIGHT INCOME" is defined to include income associated with any copyright disclosure made to the Patent Committee for exploitation, even if the income is received before a copyright application has been filed or a copyright issues, and includes such monies received as royalties, fees, advanced payments, court awarded infringement damages, payments received in settlement of infringement disputes, and the like, calculated after the costs of exploiting the disclosure have been reimbursed to the EMPLOYEE(S) or the University, whichever funded the original exploitation. Some examples of such costs are the cost of securing the appropriate copyright licenses, and other legal efforts as required. COPYRIGHT INCOME shall not include indirect economic benefits resulting from the technological position established by the copyrighted technology or the sale of derived articles or concepts, including such items as a follow-on NSF Grant that uses the copyrighted technology as a basis for future work.