A Question of Ownership

Princeton is a place where students come to be instructed in the craft of innovation, but some computer science professors are learning that the software they create may not be solely their own.

A substantial portion of many computer science professors' time is spent dreaming up and developing new programs. But administrators — at Princeton and in universities across the country — are now trying to determine whether new software should be treated like a textbook or like an invention.

According to Georgia Nugent '73, associate provost, the answer is far from obvious. "It's a product. It's not necessarily a book, but more like an invention, so we're not sure what to do," she said.

The University traditionally allows professors to own their copyrights and choose publishers for their books and articles, according to Nugent. "But with the rise of electric media," she explained, "we're wondering how to treat this new form of intellectual production."

A University trustee committee is working with a small group of faculty representatives to draft a formal policy.

In the meantime, the University has adopted a temporary approach, requiring any faculty member to submit a proposal to the Dean of the Faculty before creating software, Nugent said.

If the committee determines that newly developed software should be treated like a scientific invention, then Princeton may have the right to claim partial ownership over the software on the grounds that it was created using University resources during University business hours, Nugent said.

If the University does assume partial ownership of the programs, Nugent said, Princeton would help the professors publicize and distribute them via the Internet, just as a publisher would with a book in bookstores.

"We want to make it possible to really reach people," Nugent said. "The University would advertise, distribute and market the program so that the professor doesn't have to."

But computer science professor Andrew Appel said he doubts that University ownership of software would be in anyone's best interest. "It doesn't serve society very well for the University to have a monopoly on all electronic material coming out of it," he said.

Appel said he believes giving professors freedom to choose their publisher will allow them to distribute material to as many people as possible. "Our responsibilities to society go beyond just teaching to the students at Princeton," he said in an e-mail. "We should communicate our results to other scholars and to society at large as best we can."

Computer science professor Robert Sedgewick agreed with his colleague. "Intellectual property issues are extremely important," he said in an e-mail, "but they should not stand in the way of progress."

Get the best of ‘the Prince’ delivered straight to your inbox. Subscribe now »

Princeton is not the only university considering intellectual ownership issues with computer software. Harvard recently implemented a policy whereby a faculty member must notify the university of his intention to create software but is not obligated to share royalties.

The College of William and Mary is revising its policy, which grants ownership of intellectual property to professors unless the college specifically requested or assisted in its production.

Nugent, who is involved in developing Princeton's intellectual ownership policy, said she understands the concerns of the faculty. "It's a thorny issue," she said, "and faculty members feel strongly about the integrity of their intellectual property."

"We want to protect the faculty," she continued. "We don't want their ideas to be commercialized so that they have to relinquish control."

As meetings between trustees and faculty continue, Sedgewick said he feels confident the policies developed will be the best for the University. "Princeton is a community that values the pursuit of knowledge above all else," he said, "and new technologies will play an essential role in scholarly activities in the future."

"I am confident that the University will eventually adopt administrative policies that stimulate and encourage use of new technologies by all members of the community," he added.