Re: university ownership of student work

[John Mitchell <john@xxxxxxxxxxxxxxxxxx>]

The situation you describe looks, on its face, to leave the student as the
100% copyright owner, unless the student was an employee of the university and
it was within the scope of employment. The Tufts' policy might not cut it,
either. Merely using the facilities is not enough. Section 101(2) doe provide
a framework: ("a work specially ordered or commissioned for use as a
contribution to a collective work, as a part of a motion picture or other
audiovisual work, as a translation, as a supplementary work, as a compilation,
as an instructional text, as a test, as answer material for a test, or as an
atlas") but it comes with that big "IF" that a mere "policy" of the University
would not, alone, rise to: "if the parties expressly agree in a written
instrument signed by them that the work shall be considered a work made for
hire."

So, based on your facts, the University would only have a right to a share in
the revenue if it contracted with the student. Copyright aside, there is
nothing to prevent, in essence, making part of the "tuition" for the course to
be "and you pay us 25% of anything you make off of the app you create," but
only as a matter of the university's contract right, not copyright.

John

John T. Mitchell
Interaction Law
1629 K Street, NW, Suite 300
Washington, DC 20006
1-202-415-9213

On Jan 12, 2012, at 10:20 AM, Oppenheimer, Martin A. wrote:

> Under our policy, the student would own all the rights unless he/she made
> substantial use of specialized university facilities or IP to develop the
> apps.  For example, if a student used a university supercomputer or
> specialized laboratory to develop something, the university might have an
> interest.  Under the circumstances you are describing, probably not.
>
> Marty
>
> Martin Oppenheimer
> Senior Counsel for Business Affairs
> (617) 627-3337
> martin.oppenheimer@xxxxxxxxx
>
>
>
>
>
>
>
> On 1/12/12 10:12 AM, "Cornett, Cheryl L." <CORNETTC@xxxxxxxxxxxxx> wrote:
>
>> The new course I'm teaching this semester on iPhone and iPad app
>> development
>> has the potential for students to develop some saleable apps.  Do the
>> students
>> own all of the rights, or doeas the university potentially have a share
>> in the
>> sales since it was produced at the university using their facilities?
>>
>> My understanding is that all original work created by the student as part
>> of
>> their education belongs to the student, but I wanted to be sure.