Distributing software created at uni - copyright etc

[DiscoDave]

Hey all,

Obviously this isn't probably the best place to ask questions on this topic, but im sure someone can probably help or at least point me in the right direction.

During my final year of university I produced an application, I won't bore you all with the specific details but I'm thinking about exploiting it commercially (ie selling it).

I've e-mailed the uni regarding if they would have any influence on this and the reply i got was:

The University’s default position is that where an undergraduate or postgraduate taught student has developed IP that can be commercialised, the student owns the IP. For this reason, the University will not normally seek at enrolment to secure the assignment of undergraduate or postgraduate taught student IP.

Full document here - http://www.tees.ac.uk/docs/DocRepo/...w/Intellectual Property Policy - Students.doc

I've interpreted this as because I created it, I can do what I wish with it and the uni won't have a stake in any potential profits or anything (please correct me if im wrong) although my tutor told me they could provide funding for me.

I'm teaming up with a friend whom i lived with at uni, an excellent programmer as programming isn't anything I would do for a living, but will do as part of a hobby or side project.

This friend of mine is currently doing his masters, but is very enthusiastic with working on this project during his studies. I need to send him the source code, but I want protection that he doesn't release it to other sources. It's not a matter of trust, I'm just very cautious person by nature and want to keep things professional.

Would the best way to do this is get a non-disclosure agreement for both of us to sign? If so, could I just obtain a template and tailor it to this specification, or do I have to approach a lawyer of some kind to make it all leagally binding?

Thanks,

David

 

[DiscoDave]

If I'm reading that right, some of that statement applies to existing IP at enrolment, so at least the last part wouldn't apply in this instance.

Unis can and often do claim a stake in IP created on their time using their hardware, but will often allow non-commercial use. If you did it all on your own equipment then you might stand a better chance.

Well the uni have a purpose built networks lab which i used frequently and they also put windows Vista on a VMware setup for me, so they did supply me with some resources.

 

[DiscoDave]

I'm probably the perfect person to answer this question given that I deal with exactly what you're talking about most days of the week (IP for universities).

To answer the issue of your existing IP: every university has a different policy on this. The universities that require prospective assignment of IP put such a term in their contract with you upon enrolment. Some will want a percentage of profit, whilst others ask for full assignment (mostly in the case of research assistants though). This may be drawn down from their existing obligations (for example in an FP7 consortium) or may simply be because universities now make significant amounts of capital through such activities (not to mention that it helps fulfil the university's charitable mission of spreading knowledge).

To answer the second question. You will want an NDA with him. Whilst there are laws protecting confidentiality generally you're in a far better situation with an NDA. You wont need it witnessed by a lawyer though you will need to be careful. There are several things you can do to make the whole thing fall apart if you're not careful.

Is your friend at the same uni? If he's not you'll have to be careful to check the status of your friend's right to IP if he's currently doing his masters. If he is, is it a taught masters or research based?

I'll go as far as to look over any NDA you put together for you and give you some tips if you like - but I'm afraid I wont be writing it for you - otherwise I'd never earn any money!

Hi there,

Well I've read through the IP document that I linked to in my original post, but I guess it couldn't hurt to get some clarification. So i'll send another e-mail just to confirm. My friend is at the same uni and he's doing a taught masters.

Thanks, I'll try and whip up a NDA and see what I can come up with

David