Quantum-Sicarius
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7 years ago Closed egeldenhuys closed 7 years ago
Quantum-Sicarius
commented
7 years ago 
egeldenhuys
commented
7 years ago Extract from University of Pretoria Intellectual Property Policy:
2.1.10 Software
In terms of the Copyright Act 98 of 1978, software is subject to copyright protection. However, in certain jurisdictions software may also be patented. The development of software by employees, contract workers and students are subject to the following provisions:
Software developed by employees, contract workers and students is subject to this Intellectual Property Policy and the provisions of paragraphs 2.1.2, 2.1.8 and 2.2.2 apply equally to:
- documents supporting the development and operation of developed software packages shall be retained by developers and surrendered to the University upon request; and
- new software development and progress therewith shall be disclosed to the University, as is the case for all other IP.
Open-source software Notwithstanding the University’s claim to ownership of software that is created by its employees, contract workers and students in their normal course and scope of their work, the University supports and promotes the creation and participation in the creation of open-source software. The University will not lay claim to ownership of open-source software. However employees, contract workers and students are required to disclose to the UP TTO their intention to create or to participate in the creation of open-source software. The UP TTO shall evaluate the written disclosure and undertakes to discuss within four weeks after the disclosure with the inventor, whether or not alternative means of utilisation of the envisaged software exists. In the event where such employee, contract worker or student fails to disclose his/her intention, the University reserves the right to at a later stage lay claim to the copyright of such software program(s). UP IP Policy Page 14 of 39 Employees, contract workers and students shall familiarise themselves with the licence conditions applicable to the application of open-source software and shall not take any actions that might frustrate the University’s rights and ownership of the developed software.
2.2 STUDENTS
2.2.1 General
Unless otherwise agreed in writing beforehand between the student and the University, students are deemed to have assigned to the University any IP that may vest in them by virtue of the performance of their study obligations. Such assignment takes place automatically during the registration process.
2.2.2 Specific provisions in respect of copyright
Students assign to the University their copyrights in all works that may be created in the normal scope and course of their study obligations and activities. These include, inter alia, all presentations, assignments, test and examination answer sheets, dissertations, theses, sound recordings, video recordings, software, databases, designs and models developed by students in the course of their studies. The University may decide in certain cases to assign ownership of the whole or part of the copyright to the student, or may authorise him/her otherwise to utilise the work commercially or otherwise.
Software
See paragraph 2.1.10 in this regard, which applies, mutatis mutandis, to students.
I have concerns regarding the legal owner of the works created and the future of the Black Fitch project.
Does the project in its current state violate any policies of the University or the Computer Science department?
Who is the legal owner of Black Fitch? I vaguely remember a clause in the student contract stating all work creates while a student belongs to the University. As it stands, Black Fitch is dependent on Fitchfork assignments.
I do not want to receive a DCMA takedown notice in the future.
If anyone has some insight into this and can reference some legal documents, that would be great.