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
> > >
> > >
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> > >  subscription information and a web-searchable archive, are available
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> > >======================================================================
> >
> > 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
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> >
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>
>--
>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
>
>
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>  subscription information and a web-searchable archive, are available
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>======================================================================

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/

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 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")
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