Legal Question in Intellectual Property in California

As a graduate student at CSU Fullerton eight years ago I wrote a MA Project instead of a thesis, but it was never published due to it being a Project. Who owns the Intellectual Property Rights of my research? Since it was never published can my former advisor use my research or would she need my permission?


Asked on 12/26/10, 9:24 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There is no particular category of intellectual property for results of research. If you set down some findings in a fixed form, such as a writeup of an experiment, you would have a common-law copyright in the wording, but no ownership of the facts, etc. that you may have discovered. There are four recognized kinds of intellectual property: patents, trademarks, copyrights and trade secrets. Discoveries of natural facts generally do not fall into any of these categories and ordinarily cannot be claimed as anyone's property. In sharp distinction, however, the words you chose to describe your work carry a common-law copyright and could perhaps be copyrighted under federal law, giving you enforceable property rights in that particular body of prose.

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Answered on 1/02/11, 1:37 pm


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