Policy: Ownership Rights in Copyrightable Material
|Date: 04/01/04||Policy ID: RES-001||Status: Final|
|Contact Office:||Executive Vice President and Provost (Office of the)|
|Oversight Executive:||Executive Vice President and Provost|
|Table of Contents:|
|Reason for Policy:||The “work-for-hire” rule in the Copyright Act gives the University ownership of the copyrights to works produced by its employees within the scope of their employment. However, in the case of scholarly and academic works produced by academic and research faculty, the University cedes copyright ownership to the author(s), except where significant University resources (including sponsor-provided resources) were used in creation of the work.|
|Definition of Terms in Statement:||
Copyright: A form of protection provided by the laws of the United States to “original works of authorship” including literary, dramatic, musical, artistic and certain other intellectual works, whereby copyright owners may claim, for a limited time, certain exclusive rights to specified works. This protection is available to both published and unpublished works and gives the copyright owner the exclusive right to reproduce, distribute, sell, perform, display or prepare derivatives of the work, and to protect a copyright against infringement. Copyright protection does not extend to an idea, procedure, process, slogan, principle or discovery.
Work-for-Hire Rule: The “work-for-hire” rule, defined in the Copyright Act, provides that when an employee produces a copyrightable work within the scope of employment, the copyright to that work belongs to the employer and not to the author.
“Significant” University Resources: The use of University resources is “significant” when it entails substantial and dedicated use of University equipment, facilities, or personnel. The use of a computer in a faculty office, incidental supplies and occasional use of University personnel or shared facilities would typically not be considered significant use. In contrast, utilization of University laboratories or special instrumentation, dedicated assistance by University employees, special financial assistance or extensive use of shared facilities would constitute significant use.
Sponsor-Provided Resources: Funds and facilities provided by governmental, commercial, industrial or other private organizations which are administered and controlled by the University shall be considered University resources for purposes of this policy.
This policy governs the respective ownership rights of the University and its employees in copyrightable material produced within the scope of employment. The “work-for-hire” rule in the Copyright Act gives the University ownership of the copyrights to works produced by its employees within the scope of their employment. The University cedes copyright ownership to the author(s) of scholarly and academic works (such as journal articles, books and papers) created by academic and research faculty who use generally available University resources. However, the University asserts its right of copyright ownership if significant University resources (including sponsor-provided funds) are used in the creation of such works, and: (a) the work generates royalty payments; or (b) the work is of commercial value that can be realized by University marketing efforts. The University retains a non-exclusive, royalty-free right to use for non-commercial purposes works produced by its employees while acting within the scope of employment even if copyright ownership is ceded to the author or authors.
|Procedures:||Procedures to Implement the University Copyright|
|Major Category:||Research Administration|
|Category Cross Reference:|
|Next Scheduled Review:||04/01/16|
|Approved By, Date:||Policy Review Committee, 04/01/04|
|Revision History:||UPdated 3/25/13.|
|Supersedes (previous policy):||Copyright Policy XV.E.1|