Re: joint work/U.S. govt.

From: Diane Cabell <diane.cabell[_at_]jus.uio.no>
Date: Wed, 25 Mar 1998 15:08:54 +0100

Juli Krute <juliann[_at_]people-are.strange.com> wrote:

>

> What about joint govt-private research projects? For instance, a NASA
> scientist and a private semiconductor lab collaborating on an article
> about new development procedures? If the NASA scientist learned the
> information through her official governmental research, does her
> contribution to the article consitute acting in official capacity?

Joint research projects are the subject of detailed contract terms mostly governed by the provisions of the 1980 Bayh-Dole and Stevenson-Wydler Technology Innovation Acts.

http://www.crpc.rice.edu/autm/survey/facts.html and
http://thomas.loc.gov/cgi-bin/bdquery/D?d096:1:./temp/~bdp2De:@@@L|/bss/d096query.html.

IP rights can be handled in different ways, depending on the security level of the research. Ordinarily, however, the government will retain only a non-exclusive, royalty-free license to reproduce and distribute copies of any materials required to be written under the research agreement. Those requirement are usually limited to the interim and final reports. Many journal articles are written by these researchers which discuss the research results and data, but the writing of a journal article is not ordinarily part of the contract requirement, so the copyright ownership will most often be with the individual author.

Diane Cabell, Esq.
Institutt for rettsinformatikk
Oslo, Norway
<diane.cabell[_at_]jus.uio.no> Received on Wed Mar 25 1998 - 14:06:52 GMT

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