Software is normally determined to be university owned. This is because software is specifically named in the definition of novel results of research, which are university owned. The traditional results of academic scholarship are not considered to include software. The policy grants ownership of copyrightable works, including software, to creators as long as there are no triggers of university ownership during the development. The triggers are specifically set forth in the policy.
Work done by staff as part of their normal duties is considered to be work for hire.
Copyright law establishes that work for hire is employer-owned unless there is a specific written agreement to the contrary. Thus staff are not able to own copyrightable works under the existing policy. That policy has been followed except in a few rare instances where the University has specifically granted an exception. Thus, if no triggers of university ownership are encountered in the development, the staff may claim ownership of their creation. The issue is not clearly handled in the current policy and this is the primary reason for the policy revisions which are now being considered.