Ownership of Intellectual Property
Intellectual property generated by University staff in the course of or incidental to their employment is automatically owned by the University. This is in accordance with legal principles governing employer-employee relationships. The position is further clarified in the University's Intellectual Property policy. In order to reward staff for their contribution to the development of intellectual property, the University has established mechanisms for sharing returns from commercialisation of intellectual property with staff who have created that IP.
The University does not automatically own intellectual property developed by students. Students will generally own the intellectual property they develop during the course of their studies. This is subject to any other arrangements a student may enter into, including through employment. Students should complete a Copyright Release Form if they are providing the University of South Australia with permission to copy and/or communicate their work.
However, the University will claim ownership of intellectual property arising from University-Student projects, in accordance with the University's Intellectual Property policy. A University-Student project is a project involving a student where
- The use of University or University obtained resources, including funding, equipment, Intellectual Property and services, is beyond the level normally made available towards a student's studies (excluding scholarship payments); or
- The project is undertaken for or in collaboration with a staff member, a research team (including other students) or an outside body.
In such a situation, the University will request the student to enter into a Student related agreement prior to commencing involvement on the project. In return, the student will be entitled to a share of returns from commercialisation of the intellectual property on the same basis as for staff members.
Third parties will generally own the intellectual property they produce. Therefore, prior to undertaking projects involving collaborators from outside the University, or engaging third parties to undertake work for the University, it is important to ensure that intellectual property arrangements are documented in a contract.
For more information please contact the University Copyright Officer