Since computer software is not usually patentable and the protection afforded by copyright is frequently inadequate, the University's existing Policy in Regard to Patents and Copyrights is not directly relevant. The following statements are intended to clarify issues of ownership of software developed in the Faculty of Arts and Sciences at Harvard.
The term "computer software" encompasses materials in the broadest sense, including programs, users’ manuals and other accompanying explanatory materials and computer databases. It includes, for example, microcode, subroutines, operating systems, high level languages, application programs, etc., in whatever form expressed (e.g., machine or assembly language, source or object codes, etc.) or embodied (e.g., chip architecture, ROM, disk or tape storage, program listings, etc.).
If software is created as part of an externally sponsored research project or if the University enters into an agreement with a creator of software or a third party regarding the creation of software, ownership of rights in such software will, of course, be determined by the terms of the agreement.
As provided by the work-for-hire sections of the Copyright Act of 1976 (sections 101 and 201b), the University is entitled to the ownership of software created by Faculty of Arts and Sciences non-teaching staff within the scope of their employment. This entitlement extends to software created by students and others who are paid to participate in the development of software. If a non-teaching member of the staff creates software under circumstances that could not reasonably be considered to be part of that individual’s job description, the deposition of rights will be determined according to the policies applying to members of the teaching faculty.
In the case of software developed by members of the teaching faculty under circumstances that are not otherwise controlled by an agreement with the University or a third party, the rights in that software will ordinarily belong to the author/creator. However, in cases where a member of the teaching faculty is employed and especially compensated to develop software, or in instances where a member of the teaching faculty utilizes substantial University resources or facilities, the Faculty of Arts and Sciences reserves the right to determine deposition of ownership. Ordinarily, such deposition will be stipulated by explicit agreement between the author/creator prior to the initiation of the software development.
Software developed by students who are not compensated for their involvement in software developments will ordinarily be owned by them. As with members of the teaching faculty, if substantial University resources or facilities are used in developing such software, the Faculty reserves the right to determine ownership.
It is the intention of the Faculty of Arts and Sciences that this policy governing software rights be considered as an extension of the general provisions of the University's overall policy in the patent and copyright area as described in paragraphs 7, 8, 9, 10, and 11 of the Statement of Policy in Regard to Inventions, Patents, and Copyrights.
* As voted by the Committee on Research Policy, March 5, 1985.