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332

answers:

7

I'm a student at a US college, and I've been assigned a programming project to complete on my own. I wrote a program to solve a somewhat complex problem, and I'd like to release it under an open-source license so that others can use it and learn from it. However, I'm not entirely sure to whom the code's copyright belongs. The class' syllabus says nothing about the ownership of code produced for the class, but I don't want to take any chances.

Do I own the code?

+3  A: 

If nothing is stated by the school that you signed and agreed to...copyright defaults to you, the author.

When you're paid it's a different set of rules - Look in the comments of this answer for some excellent resources from Stephen C and outis. With anything legal it's safest to get an opinion from the experts, in this case a lawyer. (Always a good idea actually, water pipes broken? call a plumber)

Nick Craver
You are probably correct in the first sentence, but for a real answer you should ask a lawyer. The second sentence may not be true, depending on the nature of the work / employment contract, as well as explicit copyright clauses.
Stephen C
@Stephen: That's the "unless..." portion :) In either case you are right, better to be safe and get a legal opinion...answer updated.
Nick Craver
"Legally right" might be true, but that still might get him expelled and cause him a ton of trouble and delay his degree by years while he fights a court battle
Paul Betts
@Paul: I don't debate that can be a cluster#$%^ situation, and a very important thing to be pointed out in this case, +1 from me.
Nick Craver
@Nick - actually, my point is that **in the absence of a copyright clause**, you *may not* own copyright on code produced during contracted employment!!! It depends on the nature of the work contract.
Stephen C
@Stephen - That's never been the case for me but I'm not a layer or a contract lifer...can you link to some resources on this? I love to be better informed about...well, anything, whenever possible.
Nick Craver
Here's one resource: http://www.bitlaw.com/copyright/ownership.html
outis
And another: http://www.copylaw.com/new_articles/wfh.html
outis
Both suggest that if the code was written as a contribution to a collective work, a translation (read: ported to another platform/language) or a supplementary work (a plugin, for example) it qualifies as "work for hire" and thus the commissioner of the work has the stronger copyright claim. If the coder wrote the entirety of the code and there's no explicit ownership clause, the coder should have the stronger claim on the source code, similar to how a novelist is the sole author of a book, even a commissioned one. Note that commissioners have usage rights, even if they don't own the copyright.
outis
@Nick - here's another reference for you: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter0/0-c.html#1 . As I said, I think your (revised) assertion is false under some circumstances. [And it is nice to see that my memory is still working :-) ]
Stephen C
Nick Craver
+2  A: 

License it before you turn it in. :)

Do you think it's going to be a problem? What does the professor say? I'd just ask to see if it's going to be a problem before I got too worried about it. The university probably has someone you can ask too. Find that person and ask.

However, there's no contract where there is no exchange of value. They can't own it and also not give you something for it. When I worked at Universities, the ownership was always specified in my contract, whether the work belonged to the school, the government, the grant funder, etc.

Some of this might depend on state law, as well. There was a case in the Perl world where an employer asserted rights to open source code because New York law states that even work an employee does in the same field unrelated to his employment is also property of the employer.

If it really matters to you though, find a free law center near you and get an answer from a real lawyer.

brian d foy
+2  A: 

Don't do this, even if you own the license, the school will accuse you of academic misconduct for providing answers to younger students, we had several cases like this at Ohio State.

Yes, I think that's stupid too, but instructors reuse course work for years and stuff like this would make it very hard for them to combat cheating. If you want to share reusable components, make sure it doesn't explicitly have the answers to any classwork.

Edit: If the program you wrote is interesting enough, and doesn't explicitly seem like classwork though, it's definitely worth it to talk to the professor, and maybe even work with him to write a professional journal article about it.

Paul Betts
geeze, don't the profs at OSU know how to make new problems to solve?
kajaco
That really depends on the assignment. If it's the answers to an assignment that will be given again, that's one thing. For a one off personalized project, it's a different matter. However, asking the instructor should clear it up.
brian d foy
The professor could clearly see the code was "stolen" from the open source stuff. It's not very hard to detec copy+pasted code if he is familiar to the copied code
Samuel Carrijo
Its so wrong that people can get in trouble because lecturers are too lazy to make a new assignment each year :(
Daniel
@Daniel - have you ever considered that the lecturers have better things to do with their time than create fresh assignments each year? You really have to question the true motivation of someone who wants to publish solutions to set assignments.
Stephen C
I question the true motivation of anyone who questions the motivations of people on such flimsy evidence as this question. There's nothing that suggests lazy lecturers, publishing homework answers so students can cheat, or any other sort of malice or wrongdoing. Maybe this guy just invented the next Linux. Remember where that started?
brian d foy
+1  A: 

Does the college pay you?

ghoppe
More specifically, does the college pay you to do the assignments?
Stephen C
Copyright has nothing to do with payment. Who pays open-source software?
GMan
Lots of people pay open source software. Most of my open software software was paid for by someone who was also kind enough to want to contribute back to the community.
brian d foy
A: 

If you wrote a paper for an English or history class, you'd own that, wouldn't you? It's your work, and if someone else copied it and turned it in, that would be plagiarism and presumably they'd fail the project at the very least.

kajaco
Plagiarism is unrelated to rights ownership. No matter who owns the rights, plagiarism is still plagiarism.
brian d foy
@brian d foy: plagiarism certainly has to do with rights; one who plagiarized didn't have the right to claim the work as his own. the one who did the work, does have that right.
kajaco
It's plagiarism despite the owner, whether university or writer. My publishers have rights to my works, but they don't claim someone else wrote them.
brian d foy
A: 

If you were paid to write said code, whomever paid you owns the rights to the code. If you were not paid (like for a class project), you own all the rights to the code.

davethegr8
Just being paid does not determine rights. It's a matter of local laws and contractual agreements.
brian d foy
+2  A: 

IANAL, I would assume it should be specified in University policies.

For instance, University Policy Office of University of California specifies Copyright Ownership Policy

This Policy is intended to embody the spirit of academic tradition, which provides copyright ownership to faculty for their scholarly and aesthetic copyrighted works, and is otherwise consistent with the United States Copyright Law, which provides the University ownership of its employment-related works

and such it is clarified to whom such policy applies, for example ucop.edu says:

This Policy applies to University employees, students, and other persons or entities using designated University facilities

Now, regarding student work, it specifies as follows:

Ownership of copyrights to student works shall reside with the originator.

where originator is also clearly defined:

One who produces a work by his or her own intellectual labor.

Given this example, I would ask your office of your university for presenting you with such policy document. If no document is available, I think you need to refer to your government law, but no policy shall mean copyright belongs inherently to you.

mloskot