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"I wrote a computer program; what do I do now?"
Generally, works made by LBNL employees during the course and scope of their employment
are owned by the U.C. Regents unless there is a written agreement to the contrary
(see explanation of "work-for-hire" in the copyright law page).
Step 1: Software Disclosure Form
The first step to take is to submit a software disclosure and abstract form to the Patent Group of LBNL's Technology Transfer and Intellectual Property Management department. Providing the information
on this form will enable the Patent Department to help you determine the proper
way to distribute the program, and we will help you ensure that the integrity
of the program is maintained through legal mechanisms such as copyright registration
or a patent application.
Step 2: Copyright Registration
Copyright is the most common way to protect software. If the Patent Department
decides to pursue registration of the program with the
U.S.
Copyright Office, you will need to provide us with additional information,
including
-
two copies of the program's user manual (if such a manual exists);
-
two copies of a print-out of the source code if the print-out is less than
50 pages (if the print-out is more than 50 pages, we need just the first
25 and last 25 pages); and
-
the date of first publication of the program ("publication" in copyright
law means the distribution of copies of a work to the public by sale or
other transfer of ownership, or by rental, lease, or lending; a public
performance or display of a work does not of itself constitute publication)
.
Step 3: Submission to ESTSC
The Patent Department can also help you submit the software to the
U.S.
Department of Energy's
Energy
Science andTechnology Software Center. ESTSC, located in Oak Ridge,
Tennessee, is DOE's centralized software management facility. ESTSC is
authorized to license and distribute federally funded software developed
by LBNL. ESTSC's responsibilities include:
-
screening software for completeness, readability of computer media, and
appropriateness for inclusion in ESTSC's collection;
-
accouncing the software using a variety of mechanisms, including electronic
databases and printed publications to users of DOE-sponsored software and
other interested parties;
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receiving and processing requests for software;
-
reproducing and disseminating copies of software at cost to requesters;
-
providing technical consultations when clients request additional analysis
of software purchased from ESTSC (costs are determined on a case-by-case
basis);
-
coordinating with DOE staff on issues of dissemination to foreign and sensitive
countries;
-
working with developers of DOE-sponsored software to resolve discrepancies;
and
-
soliciting appropriate software for inclusion in ESTSC's collection.
The Patent Group of LBNL's Technology Transfer and Intellectual Property Management department will prepare and send the software to ESTSC. However, we
need your help to do that, which you can provide by completing the software disclosure and abstract form. This form solicits the information that we need
to include in the submission package to ESTSC.
Step 4: Proper Copyright Notice
For works first published on and after 1 March 1989, use of the copyright
notice is optional; however, the Patent Group strongly recommends
that you include a copyright notice on software you write. Copyright notice
is a good idea because it informs the public that the program is protected
by copyright and identifies the copyright owner. Additionally, if the program
is infringed in the future, LBNL will have the legal authority to pursue
the infringer.
Following is the proper copyright notice for software produced at LBNL:
Copyright (c) 199_ The Regents of the University of California
This notice should appear in any of the following locations:
(a) with or near title or at end of program when it is printed
out;
(b) at the user's terminal at sign-on;
(c) continuously on the terminal display; or
(d) on a label affixed to the box, reel, cartridge, cassette or other
container used to store the program.
Additionally, the following notice should also appear:
NOTICE: The Government is granted for itself and others acting on its
behalf a paid-up, nonexclusive irrevocable worldwide license in this data
to reproduce, prepare derivative works, and perform publicly and display publicly.
Beginning five (5) years after permission to assert copyright is granted,
subject to two possible five year renewals, the Government is granted for
itself and others acting on its behalf a paid-up, non-exclusive, irrevocable
worldwide license in this data to reproduce, prepare derivative works, distribute
copies to the public, perform publicly and display publicly, and to permit
others to do so. NEITHER THE UNITED STATES NOR THE UNITED STATES DEPARTMENT
OF ENERGY, NOR ANY OF THEIR EMPLOYEES, MAKES ANY WARRANTY, EXPRESS OR IMPLIED,
OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED,
OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS.
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