Computer Software and Copyright

17. LBNL Programmers Are Entitled to a Percentage of Net Royalties

The Berkeley Lab policy grants to the original Berkeley Lab programmer a percentage of net income received from licensees on licensed software, just as it does to inventors of licensed inventions.

Currently, subject to certain restrictions, the Berkeley Lab grants the original programmer of a computer program developed at the Berkeley Lab as a "work for hire," 50% of the first $100,000 of cumulative net income received, 35% of the next $400,000 and 20% of all additional net income.

In addition, the programmer's research group will be allocated at least 50% of the University¹s portion of the net licensing income, and the programmer's division will receive the remainder. Those funds are used for R&D within the mission of the Berkeley Lab. (Note that at the time of preparation of this Guide (7/96), the University of California is considering changes to the University¹s Patent Policy. While these changes likely will not greatly affect Berkeley Lab distributions to inventors and programmers (and their research groups and divisions), you may refer to Section 5.05 of the LBNL Regulations and Procedures Manual (RPM) for the latest policy.)

Therefore, while a University of California employee does not hold a copyright to any computer program she or he writes within the scope of employment and cannot independently market it or take it with him or her when he or she leaves, that employee, and his or her research group and division, may nonetheless receive some financial benefits from his or her programming effort as a University of California employee at Berkeley Lab.

* Written by John E. Wehrli, formerly of the Patent Department, Lawrence Berkeley National Laboratory. Available as LBL Report No. 38995.