Policy - Software Ownership within a school

[robknowles]

Hello,

I'm wondering if anybody has any sample guidance or a policy for ICT Support Staff to sign within a school in terms of software ownership.

For example, within my department, some staff are starting to develop software during school time in a view of the school giving the software away for perhaps even selling it. I need to draft something that shows that software development developed in school time is owned by the school, not by the employee. Additionally to state that software developed outside of school, that's not based on software developed in school is owned by the employee.

Has anybody else got other suggestions.

Thanks,

Rob

[nephilim]

Your Second part is not legally binding, because by that definition I couldn't create an MIS if I wanted.

Built in school time or on school grounds = schools property
built at home using school equipment such as laptop etc = school property
Built at home on personal equipment = employee property

[AngryTechnician]

We have this in our staff contract, with a reminder in the AUP. I wouldn't want the only clause to be in the AUP as I'm not convinced it could stand up to legal scrutiny.

The wording in our staff contract is as follows:

Any invention, improvement, design, process, information, copyright work, trade mark or trade name made, created or discovered by you during the course of your employment in any way affecting or relating to the business of the School or capable of being used or adapted for use within the School shall be immediately disclosed to the School and shall to the extent permitted by law belong to and be the absolute property of the School.

(Not that I did not write this, nor do I make any warranty as to its suitability or enforceability.)

[robknowles]

@nephilim: Sorry, not sure where you get about the 2nd part is not legally binding. I mention that software developed outside of school time that isn't based on something they developed in school time is owned by the employee (not the employer).

[nephilim]

Ahh ok my bad, I thought as in anything used in schools, my mistake.