Who owns my PhD software if I resign?

Education Law Forum
1

I’m pursuing a PhD at a university in Michigan and working as a research assistant. I’ve developed software over the last 5 years—about 15,000 lines of code, 5,000 lines of documentation, and 2,200 commits. It’s hosted on GitHub, where I’m the sole owner and administrator. No one else has contributed to this project, and my supervisor hasn’t shown any interest in it, despite agreeing that it should be released as open-source.

I signed a contract stating the code belongs to both me and the university, but I’m questioning what that really means. I’m considering resigning because of mental health concerns, and I want to understand what rights I have to my work. Can I revoke the university’s access and continue the project myself if I leave? Is open-sourcing it a problem given the contract I signed? Any advice is appreciated.

2

From what you’ve described, it sounds like you have a strong claim since you’re the sole contributor. Did the contract specify anything about open-sourcing the software?

3

Rowen said:
From what you’ve described, it sounds like you have a strong claim since you’re the sole contributor. Did the contract specify anything about open-sourcing the software?

Not really—it doesn’t mention open-source directly, but my supervisor agreed it should be. Does that help?

4

Rowen said:
From what you’ve described, it sounds like you have a strong claim since you’re the sole contributor. Did the contract specify anything about open-sourcing the software?

That agreement might work in your favor, but it’s tricky since the university co-owns it. They could still argue their rights.

5

If you’re the only one who’s worked on it, it seems odd for the university to have much claim. Have they tried to commercialize it?

6

Ori said:
If you’re the only one who’s worked on it, it seems odd for the university to have much claim. Have they tried to commercialize it?

No, they haven’t shown any interest in commercializing it. It’s always been intended for open-source use.

7

Ori said:
If you’re the only one who’s worked on it, it seems odd for the university to have much claim. Have they tried to commercialize it?

That might help your case. If there’s no financial interest, they may not push too hard.

8

I’d recommend consulting an IP lawyer. They can help you understand your rights under the contract, especially with open-source software.

9

kinsleywarren said:
I’d recommend consulting an IP lawyer. They can help you understand your rights under the contract, especially with open-source software.

Good idea. Do IP lawyers usually handle academic-related cases like this?

10

kinsleywarren said:
I’d recommend consulting an IP lawyer. They can help you understand your rights under the contract, especially with open-source software.

Some do. Look for one familiar with university contracts and intellectual property. They’ll know how to navigate this.

11

If you resign with a medical certificate, that might give you some leverage, especially if your health is at risk. Just document everything carefully.

12

Maxwell said:
If you resign with a medical certificate, that might give you some leverage, especially if your health is at risk. Just document everything carefully.

I’ve been keeping records of everything—emails, commits, etc. Should I document anything else?

13

Maxwell said:
If you resign with a medical certificate, that might give you some leverage, especially if your health is at risk. Just document everything carefully.

That sounds good. Keep any proof of your sole contributions and your supervisor’s lack of involvement.

14

If the university hasn’t contributed to the project at all, you might have a case to argue full ownership, especially if it’s not commercialized.

15

Blake said:
If the university hasn’t contributed to the project at all, you might have a case to argue full ownership, especially if it’s not commercialized.

I hope so. I’m just worried they’ll try to assert ownership because of the contract.

16

Blake said:
If the university hasn’t contributed to the project at all, you might have a case to argue full ownership, especially if it’s not commercialized.

They might, but without their contributions, it’s mostly symbolic. Definitely talk to a lawyer to back up your case.