http://www.research.ucla.edu/oipa/guides

// WHAT IS COPYRIGHT?

The U.S. Constitution granted to Congress the power "to promote the progress of science and the useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries." Copyright law was enacted to govern the rights of authors and patent law was enacted to govern the rights of inventors. Over time, copyright law was expanded to protect music, sound recordings, pictures and other visual art, movies and other audiovisual works, dramatic and choreographed works, and computer software.

Copyright law protects the expression of ideas, not the ideas themselves. To be eligible for copyright protection, a work must be original and fixed in a tangible medium and be one of the following eight categories of works:

literary works, including computer software

musical works, including any accompanying words

dramatic works, including any accompanying music

pantomimes and choreographic works

pictorial, graphic, and sculptural works

motion pictures and other audiovisual works

sound recordings

architectural works

// WHAT RIGHTS DOES A COPYRIGHT OWNER HAVE?

The term "copyright" actually refers to a bundle of rights that allow the originator of the work the exclusive right to:

make copies of the work

make derivative works based on the original work

distribute the work

perform the work publicly

display the work in a commercial setting

// WHAT IS THE PROCESS FOR OBTAINING A COPYRIGHT?

Copyright protection, unlike the patent process, is automatic upon creation of a copyrightable work. In other words, if you could have registered your copyright with the United States Copyright Office, but chose not to do so, you still own the work. On the other hand, unlike the patent process, copyright registration is inexpensive and simple. See, U.S. Copyright Office homepage: www.loc.gov/copyright

Copyright registration becomes necessary if you wish to file a legal action against someone who is infringing your copyright.

// WHAT IS A COPYRIGHT NOTICE AND IS IT NECESSARY?

Although it is not legally necessary that a document contain a copyright notice, it certainly helps to clarify the rights of the copyright owner.

All software, publications, multimedia and other copyrighted works developed on campus and belonging to the University should bear a clear, standard copyright notice on the title page or screen or other prominent location.

Documentation accompanying software should also contain a copyright notice. Acknowledgment of creators may be included, if desired. A copyright notice should contain the word "Copyright" and/or the symbol © , the year in which the work was published, and the name of the copyright owner.

The standard form for a copyright notice on works belonging to the University is:

Copyright © 2004. The Regents of the University of California. All Rights Reserved

OR, if acknowledgement to the author is desired,

Copyright © 2004. The Regents of the University of California. All Rights Reserved. Created by Lorelei de Larena, Office of Intellectual Property Administration.

// HOW LONG DOES COPYRIGHT PROTECTION LAST?

For works created after 1978, copyright generally lasts for the life of the author plus 70 years.

For works for hire (those works owned by your employer), anonymous or pseudonymous works, copyright generally lasts for 95 years from the date the work was published, or 120 years from creation of an unpublished work, whichever is shorter. There are exceptions, but this is the general term.

// WHO OWNS THIS COPYRIGHT?

Ownership of copyrightable works created at UCLA is determined in accordance with the UC 1992 Policy on Copyright Ownership. See, UC Copyright Policy: www.universityofcalifornia.edu/copyright/systemwide/pcoi.html

In most cases, the general rule is that faculty own those copyrightable works that they create as scholarly or aesthetic works. There are some exceptions, generally determined by project funding.

Generally, if you created the work in the course of sponsored research, or using special departmental funds, or otherwise relying upon "exceptional university resources," you should disclose it to OIPA for further evaluation and discussion. Software is patentable and should always be disclosed.

In most cases, course work and syllabi that you create are your own, unless "exceptional university resources," or sponsored or departmental funds are used in the creation. See, UC 2003 Policy on Ownership of Course Materials:http://www.univeristyofcalifornia.edu/copyright/systemwide/pocmdi.html

If you pay an outside vendor to create or assist in creation of a potentially copyrightable work, such as software, photographs, or video/film footage, you should be sure to have an advance, written agreement which specifies that the vendor is doing a "work for hire" and also agrees to assign all rights to the Regents. Feel free to contact OIPA for suggested language.

// HOW DO WE HANDLE SOFTWARE?

Software is unique since it can be both patented and copyrighted.

Generally, for the purpose of copyright protection, a computer program is defined as a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. Although the copyright protection is automatic, it covers only the tangible expression of source and object code.

To protect the algorithms, ideas, layout, or methods, you will need a patent.

Due to its joint nature, software is considered first under the UC Patent Policy and should always be disclosed to OIPA. Our staff will evaluate both the patentability and the marketability of the software product. See, UCLA Invention Disclosure Form: www.research.ucla.edu/forms/invention_report.doc; See, UC Patent Policy: www.ucop.edu/ott/patentpolicy/first.html

Software licensing is an intricate process, and the rights conferred by agreement vary depending on the product itself as well as on the intended use by the licensee.

If your software product is licensed to a commercial partner, you will be distributed royalty income in accordance with the UC Patent Policy.

If you wish to license the software product without charging a fee, contact OIPA for appropriate license terms.

// IF THE UNIVERSITY OWNS A COPYRIGHT, HOW CAN YOU USE IT?

Although the university may own a copyrighted work that you created, this does not at all mean that such creations are outside your control. On the contrary, you are in most cases free to use your own research and to publish results as you deem appropriate.

You are also encouraged to share your thoughts and efforts on potential marketing of your invention with the staff of OIPA. Furthermore, any royalties that accrue to the university due to licensing of your invention are generously shared with the inventors. Please contact OIPA for further information.

// WHAT IF YOU WANT TO USE SOMEONE ELSE'S INTELLECTUAL PROPERTY?

Since intellectual property law confers rights upon the owner of an invention or work, you may not be able to use it freely. There are few hard rules, but some guidelines are useful. See UC Policy and Guidelines on the Reproduction of Copyrighted Materials for Teaching and Research: www.universityofcalifornia.edu/copyright/systemwide/pgrcmtrp.html

Your department or library can help you obtain necessary permissions.

There is the concept of "Fair Use" which is not a right, but rather, a legal defense in which a court would balance the following four factors:

The character of your use

The nature of the original work

The amount of the original work that you appropriate for your use

The effect of your use on the market for the original work

// HOW DOES UCLA LICENSE ITS COPYRIGHTED WORKS?

For those works created or commissioned by UCLA employees and owned by The Regents, OIPA will manage licensing. Your input will be invaluable to this process, and you will receive a fair share of any royalty income.

For information about how inventions are licensed by OIPA, see OIPA Guide: "What Happens to Your Invention."

The staff of OIPA is happy to help answer other questions you may have about licensing copyrighted works.

FOR FURTHER INFORMATION:
– OIPA Home Page: http://www.research.ucla.edu/oipa
– UC Patent Policy: http://www.ucop.edu/ott/patentpolicy/first.html
– UC Patent Acknowledgement Form: http://www.ucop.edu/ott/patentpolicy/patentac.html
– UCLA Invention Disclosure Form: http://www.research.ucla.edu/forms/invention_report.doc
– UC Copyright Policy: http://www.universityofcalifornia.edu/copyright/