Computer Programs

Links
www.ige.ch
www.foss.ethz.ch

Topics

1. Protection
   
2. Ownership
3. Procedure
   
4. Open source

1. Protective rights for computer programs

Computer programs (software) are protected by copyright. However, no copyright protection may be claimed for the concepts and ideas underlying a computer program. Those technical features have to be protected by patents if the requirements for patentability are fulfilled (see also: Patentability – what is patentable?).

Copyright protection comes into force automatically with the creation of the program. In some countries, however, the authorship must be clearly marked and copyrights can be registered: it is consequently recommended to place the "©" mark with the name of the author and the year in a prominent position.

More details on copyright may be obtained from www.ige.ch.

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2. Ownership of computer programs: Who owns the rights to computer programs?

Copyright protection for software originates with the author. ETH Zurich is however entitled to the exploitation rights of a computer program developed within the scope of the employment at ETH Zurich.

If the software was developed outside of the employment duties, ETH Zurich may claim rights due to the use of its infrastructure (personnel, technical equipment, time). If such programs are exploited, the rights to the program, the exploitation and the distribution of any profit must be agreed in advance between the people involved and ETH Zurich.

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3. Procedure to protect computer programs

When you are developing a computer program that can be used by others, ETH transfer should be informed.  We recommend that an agreement is signed before a project is started that clarifies the claims concerning copyright and commercial exploitation rights, especially if students or external contributors will be involved.

We are happy to support you with the draft of such an agreement.
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4. Open source

Computer programs developed at ETH Zurich may be published as open source if the originator and the responsible professor agree to this form of distribution. Nevertheless, you are obliged to report any computer program to ETH transfer and to get an official approval by the Vice President Research and Corporate Relations for the publication as open source. We will advise you on copyrights and patenting and, if required, support you in commercial exploitation. For more details see: “open source licensing”.
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