a)  Generally my understanding has been that the feds allow the
university to have special IP rights even if there is an intermediary.
b)  Does Bayh-Dole cover copyrights??  I've always thought it was only
for tech transfer....
c)  You will want to look closely at the circumstances and origins of
the publications.
If no copyrightable works were originally intended or expected, but
occurred anyway, the copyright probably belongs to the authors unless
there is explicit agreement to the contrary.  If copyrightable works
were intended and the author was hired to make them, copyright would
probably belong to the university.
d)  consult the federal agency regs in CFR.
e)  proceed very carefully.....

Stuart Ross
Cal State Fullerton

 -----Original Message-----
 From:  xxxxxx@UNCRC.UNIVNORTHCO.EDU
[SMTP:xxxxxx@UNCRC.UNIVNORTHCO.EDU]
 Sent:  Friday, September 26, 1997 11:39 AM
 To:    Multiple recipients of list RESADM-L
 Subject:       Bayh-Dole and pass through funds

 I'm hoping someone can give me insight into the ramifications of
the
 Bayh-Dole act when federal money has passed through a state
agency.

 We have a grant awarded from the state of Colorado for a project
that
 has developed materials that can be copyrighted and used within
 business/corporate settings as well as within educational
settings.
 The funds arise from federal pass through monies from the U.S.
 Department of Transportation.

 My question - who owns the copyright?  Can the university
copyright
 these materials in the same way as if the funds were coming
directly
 from the feds or do state regulations have precedence?  From the
 contracts and written letters of agreement between the project
 directors and the state presented to me so far, there is no
mention
 of copyrights.

 Any insight would be helpful!

 Chuck Howard
 xxxxxx@uncrc.univnorthco.edu