Right On! But COI can create a broader risk to the institution as a whole than erroneous, but refundable, charges to the account. Also, if it is federal funding, the sponsor gets at least a no cost, non exclusive license, AND if improvements are a deliverable, maybe more depending on the language in the award. The whole thing fails the "smell" test! Chuck At 12:26 PM 12/6/01 -0500, you wrote: >I think there might very well be a problem of charging a license fee to >federal >sponsors if their funding is also used for further developing the software. >Besides, if federal funding is used to further improve, enhance, or >develop the >software, the federal government would retain a royalty-free non-exclusive >license to the enhanced software. It seems to me the givernment cannot be >charged a license fee for the use of software it is, in effect, paying to >improve, and for which it will have a royalty-free license to use. > >Steve > >"Herbert B. Chermside" wrote: > > > Ruth, you may want to look at this as a possible conflict of interests > > issue, if the PI specifies the use of a program for which the grant must > > pay him a royalty or service fee. Or if the grant enhances the value of a > > product which he owns. COI might be reduced if he allows the grant to use > > it for no cost, and then free market would set a value for users other than > > himself -- if any. > > > > Chuck > > > > At 10:29 AM 12/6/01 -0500, you wrote: > > >Good Morning, > > > > > >We have a "sticky" situation regarding intellectural property and I > > >would appreciate your counsel. One of our faculty came to Lehigh with a > > >commercial software product which he will be using and improving through > > >his research activities at Lehigh. The ownership of the product and > > >future enhancements has been reviewed, discussed and documented. The > > >faculty member owns it and Lehigh doesn't want any rights now or in the > > >future. > > > > > >Here's the sticky part: the faculty member wants to charge his grants a > > >license fee for two copies of the software each year. I consider this > > >"sticky" because I'm not sure that there is a large market for the > > >software or if it is being marketed, at all. Also, from the prior > > >discussions, it was clear that the software will continually be enhanced > > >and expanded through his work. What should I do: make sure there are > > >other customers for/users of the software and that the grants are not > > >the only paying "customers"? Confirm that the software is being > > >enhanced though the work, and then restrict the license to only the > > >first year for the initial "version" of the software? > > > > > >Your input would be appreciated. > > > > > >Ruth > > > > > >Ruth Tallman > > >Office of Research and Sponsored Programs > > >Lehigh University > > >526 Brodhead Avenue > > >Bethlehem, PA 18015 > > >Phone: (610)758-3024 > > >FAX: (610)758-5994 > > >E-mail: xxxxxx@lehigh.edu > > > > > > > > >====================================================================== > > > Instructions on how to use the RESADM-L Mailing List, including > > > subscription information and a web-searchable archive, are available > > > via our web site at http://www.hrinet.org (click on "Listserv Lists") > > >====================================================================== > > > > Herbert B. Chermside, CRA > > Director, Sponsored Programs Administration > > Virginia Commonwealth University > > PO BOX 980568 > > Richmond, VA 23298-0568 > > Express Delivery Only: > > Sanger Hall, Rm. 1-032A > > 11th & Marshall Streets > > Richmond, VA 23219 > > Voice: 804-828-6772 > > Fax 804-828-2521 > > OFFICE e-mail xxxxxx@VCU.EDU > > Personal e-mail xxxxxx@vcu.edu > > http://views.vcu.edu/ospa/ > > > > ====================================================================== > > Instructions on how to use the RESADM-L Mailing List, including > > subscription information and a web-searchable archive, are available > > via our web site at http://www.hrinet.org (click on "Listserv Lists") > > ====================================================================== > >-- >Stephen Erickson, Director >Office of Research Administration >Boston College, McGuinn Hall 600 >Chestnut Hill, MA 02467 >Telephone: 617-552-3345 - On-Campus Fax: 2-0747 >Fax to my computer: 413-895-8328 > > >====================================================================== > Instructions on how to use the RESADM-L Mailing List, including > subscription information and a web-searchable archive, are available > via our web site at http://www.hrinet.org (click on "Listserv Lists") >====================================================================== Herbert B. Chermside, CRA Director, Sponsored Programs Administration Virginia Commonwealth University PO BOX 980568 Richmond, VA 23298-0568 Express Delivery Only: Sanger Hall, Rm. 1-032A 11th & Marshall Streets Richmond, VA 23219 Voice: 804-828-6772 Fax 804-828-2521 OFFICE e-mail xxxxxx@VCU.EDU Personal e-mail xxxxxx@vcu.edu http://views.vcu.edu/ospa/ ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================
