2013 ORS § 291.042¹
Copyright, patent or other use of state data processing programs, information or materials
  • disposition of moneys collected

(1) Except as provided in subsection (2) of this section, the Oregon Department of Administrative Services:

(a) May hold copyrights and obtain patents on copyrightable or patentable data processing programs, information or materials developed, published or produced by a state agency.

(b) May cause to have sold, leased or otherwise made available the data processing programs, information or materials to any agency, judicial body or legislative body of any unit of local government, any state or the federal government under terms and conditions agreed to by the state agency that developed, published or produced the programs, information or materials.

(2) The Secretary of State, the State Treasurer, the judicial department as defined in ORS 174.113 (Judicial department defined) and the legislative department as defined in ORS 174.114 (Legislative department defined):

(a) May hold copyrights and obtain patents on copyrightable or patentable data processing programs, information or materials developed, published or produced by the Secretary of State, State Treasurer, judicial department or legislative department.

(b) May cause to have sold, leased or otherwise made available the data processing programs, information or materials to any agency, judicial body or legislative body of any unit of local government, any state or the federal government under terms and conditions agreed to by the Secretary of State, State Treasurer, judicial department or legislative department.

(3) Except as provided in this subsection, moneys collected under subsection (1) of this section, less state agency expenses accrued in developing, producing and distributing software and in training software users, shall be deposited in the General Fund and are available for general governmental purposes. If resources expended for the development, production, distribution and training activities were from fees or assessments charged and collected by the state agency, the net proceeds of moneys collected under subsection (1) of this section shall be deposited in the same accounts in which the fees or assessments are deposited and shall be used to reduce the fees or assessments charged by the state agency to the extent permitted by law.

(4) Except as provided in this subsection, moneys collected under subsection (2) of this section, less expenses of the Secretary of State, State Treasurer, judicial department or legislative department accrued in developing, producing and distributing software and in training software users, shall be deposited in the General Fund and are available for general governmental purposes. If resources expended for the development, production, distribution and training activities were from fees or assessments charged and collected by the secretary, treasurer, judicial department or legislative department, the net proceeds of moneys collected under subsection (2) of this section shall be deposited in the same accounts in which the fees or assessments are deposited and shall be used to reduce the fees or assessments charged by the secretary, treasurer, judicial department or legislative department to the extent permitted by law.

(5) As used in this section:

(a) Data processing programs includes software programs.

(b) State agency has the meaning given that term in ORS 291.002 (Definitions). [1979 c.740 §3; 1993 c.18 §56; 1995 c.452 §22; 2013 c.481 §1]

Note: See note under 291.040 (State financial report).