IP Rights For Games Made In School? 128
Gamasutra has a story questioning whether schools should be able to hold intellectual property rights on games created by students. The point out a recent incident in which a development team was unable to market a game they created, and another situation where a school overrode the creator's decision to withdraw the game from a contest.
"What irks Aikman is that, after graduating, he and his team approached DigiPen, hoping it might change its policy and make an exception for the award-winning game, but the school wouldn't budge. 'They were dead set on not setting a precedent because, if they let us keep the IP, they were afraid other students would want the same. But I believe there's something wrong with the idea of DigiPen owning games it has no intention of doing anything with, while discouraging people like me who could really make use of our efforts and use it as a springboard to a career.'"
Schools - A distorted reality (Score:5, Interesting)
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So who is hotter? Ali or Ali's Sister?
not cool (Score:5, Interesting)
Re:reminder about copyrights (Score:5, Interesting)
Re:hardly surprising (Score:3, Interesting)
I'm currently a PhD student at a UK university and my uni has already said they will take any commercially expliotable IP from me as and when I make it - you didn't think intellectual property was created to help producers did you? This is despite the fact that they are being paid to have me there!
still, for me, if the uni doesn't take my IP then the government will, but that's less common
I made it a condition on accepting my Ph.D offer (a UK university also) that any software/algorithms I developed were mine, and mine alone to exploit/patent/copyright, and that I would release everything under either the GPL or a BSD license. They agreed, after all, a Ph.D. student is worth a lot in grant money.
I don't know why more students don't do this, after all, if they disagree and lose you, they lose your grant money too.
Now I've got three years worth of code to clean up and release, which is going to take a few months, when I have the time.
Re:not cool (Score:4, Interesting)
Meet with them privately and make a deal (Score:2, Interesting)
They don't want to set a precedent. Fine. Make them an offer, you buy the rights to your own game, perhaps for a nominal fee like a dollar, and then all parties involved sign non-disclosure agreements as to what the terms of the agreement were. They'd be smart to try to retain some equity in the game, might be a homerun, but still. IP law doesn't exist to stop the development of good idea, but to encourage them. Were they to actually go into court and argue the former, it's hard to see how they'd win.
Re:Schools - A distorted reality (Score:5, Interesting)
> Even if I use school resources to create the item (I'm paying for those services)
While I do agree with you, this point here is problematic. While you are paying for the resources, you are (almost certainly) paying for educationally licensed versions of those resources. In short, if you were to commercialize something that they could prove you created using such resources, you could be sued for breach of contract.
Further, you also neglect to consider private contributions to universities. These usually represent rather significant portions of the budget, and can exceed a billion dollars in the case of particularly prestigious schools. As a result, no school can be considered to be funded entirely by the students, meaning that the school's resources are not entirely payed for by students anyway.
That being said, unless you are being paid to be there, they almost certainly have no claim to any IP created by a student, regardless of whether it's on the student's or the "university's time" (as the latter is being paid for by the student). The only possible argument to the contrary is that the university views the potential IP produced by the a student as additional compensation for their educational services.
There are interesting questions here though, namely what exactly a student pays for as part of their education. Intriguingly, I would have to say that a student has more claim to work they do for class than that they do otherwise, as the former is obviously part of the services they are paying for. Any university assistance on the latter, however, could very well be regarded as additional, unrelated services (e.g. consulting a professor, using software, etc).
As a final note: I am unaware of any school even attempting to assert ownership of IP created by liberal arts students, such as creative writings or art portfolios, etc. There may well be some definitive precedent within that area.
Re:Permissive free software license (Score:4, Interesting)
A fun suggestion, but if a university does own the rights to your work, they could very simply disallow your contributions to be released under a given license (BSD in this case). You can't circumvent someone's ownership of something by transferring it to someone else. What you're suggesting here is the IP analogue of stealing something and claiming it's okay because you gave it to your friend (or the public; IP Robin Hood!).
Re:reminder about copyrights (Score:3, Interesting)
If they say it *is* their property, they have nothing. That's not an enforceable contract.
If they say you agree to sign it over to them, that *may* be an enforceable contract.
Re:Schools - A distorted reality (Score:3, Interesting)
Students hold the copyright for papers they write and the art they make, I don't understand how code is any different.
Re:Schools - A distorted reality (Score:3, Interesting)
Re:Schools - A distorted reality (Score:1, Interesting)
As another poster noted, there is typically a condition of admission where the university has ownership of anything the student submits. I recall that being the case at mine, and I suspect it's common if not pervasive. And that would render this interesting discussion largely moot.
Oh, and thanks for a reasonable response to an AC.
- T
Re:hardly surprising (Score:3, Interesting)
I developed software that scans DNA looking for componants of genes. Its one of the most accurate methods currently available which is nice, but since my thesis was just submitted this year, and we've only got out two papers, its not exactly well known yet.
Re-working the software into a releasable product is not easy.