Creator's Guide to Commercializing Copyrighted Work
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STANFORD UNIVERSITY OFFICE OF Creator’s Guide to TECHNOLOGY Commercializing LICENSING Copyrighted Work OURSES WEB C PHY BOOKS S SI E GRA OFT TE D TO WA S O HO R C P E V M S U ID Y M S H E I E O C O P P C A S H F R G O N R I I C G E D O T O R G I O E R O C A R E N P R H O Y S M H P C C P O O A D B E E C L I I I C L B S O E O U U R M A S M N E P O S I T W P E C I E F B S R S O I T E A E D I S V B W O T O F K O S S he Stanford University Office of Technology Licensing (OTL) promotes the transfer of Stanford technology for Tsociety’s use and benefit. This technology grows out of the CONTENTS boundless creativity found in the faculty, staff, and students at the University. When that creative expression is protected by copyright, OTL and our Stanford creators face a distinct set THE BASICS .......................................................................................2 of commercialization and distribution issues that they do not STanford’s copyrighT POLICY .......................................................5 encounter for other forms of intellectual property. SOFTWARE .........................................................................................8 OTL created this booklet to help Stanford creators successfully identify and CONTENT AND COURSES..................................................................15 navigate those issues. The booklet is focused on out-licensing or distributing OPEN SOURCE SOFTWARE LICENSING ..............................................18 creative works owned by Stanford. It does not cover either in-licensing (i.e., receiving copyrighted works from others) or creator-owned copyrighted COMMERCIALIZING THROUGH OTL ...................................................23 works (for example, books, articles, and presentations that are intended for NAVIGATING COPYRIGHT ..................................................................27 academic purposes and not claimed by Stanford under policy. KEY TERMS ......................................................................................28 The Stanford University Libraries (SUL) offers resources for in-licensing and RESOURCE GUIDE............................................................................30 other common copyright issues that arise on campus. For example, they furnish a Copyright Reminder (stanford.io/copyrightreminder) that highlights common copyright concerns and outlines the fundamental elements of U.S. copyright law that apply in those situations. The Copyright Reminder includes specific information regarding copyright considerations for online learning (stanford.io/onlinelearning). Also, SUL and the Office of the General Counsel can offer support related to the management of copyright in publishing contracts for books and other works owned by Stanford creators. Disseminating or commercializing copyrighted works can be complicated and decisions are based on the unique facts related to a particular creative work. While this booklet can help answer general questions, Stanford creators Note: This booklet was written in 2015. Different forms of creative expression continue to evolve should contact OTL to discuss the most appropriate strategy for disseminating along with technology. Also, Stanford’s policies and practices may be revised from time to time. or commercializing their specific Stanford-owned work. Stanford copyright creators should refer to the online resources referenced in this booklet for 1 current policy information and guidance on copyright issues. • Distribute and disseminate: Copyrighted works can be distributed via The Basics printed or electronic media. Stanford creators who would like to distribute their work should consider whether or not they will permit others to further distribute that work. This is particularly applicable to software. • Perform publicly: This right usually applies to performing arts and it opyright is a class of legal rights covering original works includes the right to stage a ballet or a play. It can also apply to software demonstrations at fixed in a tangible medium of expression – the forms in Stanford software trade shows. Cwhich creators express their ideas. These forms include • Display: This right usually applies to works creators who would novels and other textual media as well as mixed media works of art, but can also be construed to include a like to distribute their display of a copyrighted work on a website. such as videos, photographs, etc. In technological disciplines, work should consider copyright covers computer programs/software but not data Creators sometimes collaborate with others. If whether or not they will per se. Copyright protection covers these forms of expression at more than one person contributes to a creative permit others to further work then there may be joint copyright owners the moment of their creation and is available for both published distribute that software. and they have a duty to account to each other and unpublished works. for any profits earned from the licensing or use of the copyright (i.e., share in the economic benefit). Copyright protects the way creators express their creations, but not the facts, ideas, systems, or methods of operation. For a book, a copyright covers the Furthermore, creators need permission from the original copyright owner combination of words the author used to convey ideas, but not the ideas to make a work that derives from an original work (“derivative work”). If a themselves. In a painting, a copyright covers the combination of colors used creative work is derived or compiled from a preexisting source, then the new to convey the images, but not what the images represent. In a computer copyright extends only to the original material contributed by the new author program, a copyright covers the program’s lines of code, but not its function and does not imply any right in the preexisting material. or use. HOW LONG DOES A COPYRIGHT LAST? WHAT ARE THE RIGHTS OF A COPYRIGHT OWNER? Copyright protection is automatically secured when a work is fixed into a Only the owner of a copyrighted work, and those who have the owner’s tangible medium such as a written document, book, software code, video, permission, can: digital audio file, etc. • Reproduce: Make copies of the work. • For works created on or after January 1, 1978, the copyright remains in • Prepare derivative works: Derivatives include expansion, abridgements, effect for its creator’s life plus 70 years. The Basics or other modified forms of a preexisting work. Derivatives may also include • In the case of works-for-hire (see page 5), copyright endures for either translations, movie versions, reimplementation of code in a different 95 years from the date of first publication or 120 years from creation, The Basics computer language, or any other form in which the original work may be whichever is shorter. recast. 2 3 HOW IS COPYRIGHT LEGALLY SECURED? Copyrightable works are protected as soon as they are captured in a tangible Stanford’s medium, e.g., written on paper or saved as a file on a computer. A copyright notice is NOT required for copyright protection to be in effect. However, OTL Copyright Policy recommends that creators use a notice. For example, this attribution can be included in a publication, on a website, as a footnote to a figure, as a text graphic at the A copyright notice beginning or end of a video clip, as a statement nder Stanford policy (stanford.io/copyrightpolicy), all is NOT required for within an audio file, or in the program for a rights in copyright shall remain with the creator unless copyright protection to performance. the work: is a work-for-hire; is supported by a direct be in effect. However, U For works owned by the University, the following allocation of funds through the University for the pursuit of OTL recommends that notice should be used: a specific project; is commissioned by the University; makes creators use one. “© 20XX The Board of Trustees of the Leland Stanford Junior University.” significant use of University resources or personnel (including students); or is otherwise subject to contractual obligations. In OTL recommends that creators also include their contact information with addition, Stanford claims rights to institutional works. the notice because some individuals use copyrighted materials without permission simply because they do not know whom to ask. SCHOLARLY WORKS OWNED BY CREATORS Stanford does not claim copyright for the products of scholarship in the In addition, for a nominal cost, a copyright can be registered with the U.S. form of books, articles, and presentations that are intended for academic Copyright Office to make a public record of the basic facts of a particular purposes. Stanford authors and creators seeking assistance with author copyright. Registration may be made at any time within the life of the agreements and other licensing of their personally-held copyrights will find copyright, but it is only necessary if a copyright owner wishes to enforce some recommendations in Stanford’s annual Copyright Reminder (stanford. copyright against an infringer (i.e., someone who is using the copyrighted io/copyrightreminder_pub). Questions can also be directed to the Office of the work without permission). General Counsel (Lauren Schoenthaler) or the Stanford University Libraries (Mimi Calter). FAIR USE U.S. copyright law allows certain limited use of copyrighted material without WORK-FOR-HIRE Policy Stanford permission from the copyright owner. Please refer to fairuse.stanford.edu for Under copyright law, if a Stanford employee creates a work in the course of more information about the four factors that can be used to measure fair use. his or her job responsibilities, Stanford automatically owns the copyright. For example, if an OTL associate writes a copyright handbook as part of her job, Stanford owns the copyright. Likewise, if a member of the Stanford staff The Basics is paid to write code for a computer program, Stanford owns the copyright. 4 However, under copyright law and Stanford policy, non-employees (including 5 outside contractors) generally assign in writing any copyright to Stanford INSTITUTIONAL WORKS when their services are procured.