Copyright Policy: Intellectual Property

General Policy Statement

Copyright is the ownership and control of the intellectual property in original works of authorship which is subject to copyright law. Stanford University’s policy is that all rights in copyright remain with the creator unless the work is a work-for-hire (and copyright vests in the University under copyright law), is supported by a direct allocation of funds through the University for the pursuit of a specific project, is commissioned by the University, or is otherwise subject to contractual obligations.

NOTE: Policy governing patentable software is contained in the Research Policy Handbook document entitled "Inventions, Patents and Licensing" (document 5.1).

Books, Articles, And Similar Works, Including Unpatentable Software

In accord with academic tradition, except to the extent required by the terms of funding agreements, Stanford does not claim ownership to pedagogical, scholarly, or artistic works, regardless of their form of expression. Such works include those of students created in the course of their education, such as dissertations, papers and articles. The University claims no ownership of popular nonfiction, novels, poems, musical compositions, unpatentable software, or other works of artistic imagination which are not institutional works (see below). If title to copyright in works defined within this section vests in the University by law, the University will, upon request and to the extent consistent with its legal obligations, convey copyright to the creators of such works.

Institutional Works

The University shall retain ownership of works created as institutional rather than personal efforts--that is, works created for University purposes in the course of the creators' employment, or works resulting from simultaneous or sequential contributions over time by numerous faculty, staff and/or students. For instance, work assigned to programmers is "work-for-hire" as defined by law (regardless of whether the work is in the course of externally-sponsored research, University research, or non-research activities), as is software developed for University purposes by students and staff working collaboratively. Stanford owns all rights, intellectual and financial, in such works.

Patent and Copyright Agreement (Stanford Form Su-18)

All faculty, staff, student employees, graduate students and postdoctoral fellows must sign the Stanford University Patent and Copyright Agreement (referred to as "SU-18"). In addition, non-employees who participate or intend to participate in research projects at Stanford must also sign an SU-18. See Research Policy Handbook document entitled "Inventions, Patents and Licensing." Except as described in Section 1.B. above, this agreement assigns rights to copyrightable works resulting from University projects to Stanford.

Royalty income received by the University for such works will normally be distributed in accordance with University policy. Physical embodiments of copyrightable works may also be subject to the University's policies on Tangible Research Property, also in the Research Policy Handbook.

Works of Non-employees

Under the Copyright Act, works of non-employees such as consultants, independent contractors, etc. are owned by the creator and not by the University, unless there is a written agreement to the contrary. As it is Stanford's policy that the University shall retain ownership of such works (created as institutional rather than personal efforts, as described in C, above), Stanford will generally require a written agreement from non-employees that ownership of such works will be assigned to the University.

Examples of works which the University may retain non-employees to prepare are:

- Reports by consultants or subcontractors

- Computer software

- Architectural or engineering drawings

- Illustrations or designs

- Artistic works

Videotaping and Related Classroom Technology

Courses taught and courseware developed at Stanford belong to Stanford. Any courses which are videotaped or recorded using any other media are Stanford property, and may not be further distributed without permission from the cognizant academic dean. Blanket permission is provided for evanescent video or other copies for the use of students, or for other University purposes. Prior to videotaping, permission should be obtained from anyone who will appear in the final program.

Contractual Obligations of the University

This Copyright Policy shall not be interpreted to limit the University's ability to meet its obligations for deliverables under any contract, grant, or other arrangement with third parties, including sponsored research agreements, license agreements and the like.

Use of University Resources

Stanford University resources are to be used solely for University purposes and not for personal gain or personal commercial advantage, nor for any other non-University purposes.

(Adapted from Stanford’s Research Policy Handbook, Document 5.2. )