17 Matching Annotations
  1. Jul 2017
    1. The Board and University shall have sole ownership of all intellectual property that it commissions or that is produced as a work for hire for the University.
    1. The student performedthe research leading to the intellectual property while receiving financial support from the University in the form of wages, salary, stipend, or grant funds
    2. For purposes of this policy, the University shall own the entire right, title, and interest in all materials subject to copyright when required by law or contract or when the University Member: a) creates the material as an assigned duty; and/or b) makes Significant Use of University Resources in their creation.
  2. www.webpages.uidaho.edu www.webpages.uidaho.edu
    1. Materials are “UI-Sponsored Materials” within the meaning of this policy and shall be and are assigned to UI consistent with Subsection G, if the natural person or persons: (1) prepared the work as part of his or her employment duties at UI; (2) was specially ordered or commissioned in writing by UI or one of its distinct units to develop the work; (3) received extra pay from UI to prepare the specific materials pursuant to a valid written agreement providing that the extra pay is consideration for the preparation of the specific materials; (4) received release time from regular duties to produce the specific materials; or
    1. Copyright to works created under the condition of Work For Hire (defined in Section B.2. for purposes of this Copyright Policy) is owned by the University. The University has the rights to hold and register copyright to a Work for Hire in its own name, to protect and enforce its copyright interest, and to license, transfer or assign its copyright interest to others, such as publishers or distributors, and to collect revenues from doing so.
    1. If a graduate or undergraduate student’s work is produced in the course and scope of such graduate or undergraduate student’s employment at the University, then the ownership of the copyrights with respect to such work vests in the University
    2. It is the further intent of the University under this policy to clarify that for those employees other than faculty members and staff researchers, the University owns the copyrights to works produced in the course and scope of their employment at the University.
    1. If a substantial use of Florida Tech resources is involved in the creation of the product, the university and the faculty member should plan together to recover its investment over time. A separate contact must be developed at the start of the project to cover the concerns and interests of the creator(s) and the university. This includes intellectual property rights as well as such matters as initial investments, protections, editorial control, marketing, royalties, extended use and eventual disposition. Substantial use is defined as a threshold for the investment of institutional resources that requires additional planning and preparation to recover this investment over some period of time. If use is substantial, the university is acting with the faculty member as a partner in the development of stored materials and will have rights to those materials.
    2. Copyrightable material resulting from a project assigned to faculty as a part of their regular duties shall inure to the university only if so specified in writing and signed by the faculty member, their department head and the dean.
    1. Note that many students are employed or paid by the University in some capacity—often as graduate students under a sponsored research project or department- or faculty-controlled funding. Any such students will be treated the same way as faculty and other University employees for the purposes of this Policy and the ABOR IP Policy with respect to the paid work they perform. Students may be requested to grant rights in Student Works to ABOR or others as a condition of having access to certain class projects, research projects, collaborations, or other programs of the University.
    2. Intellectual Property that is created by Covered Individuals and that relates to their clinical, instructional, or research work is considered ABOR-Owned IP, except if it constitutes Excluded IP as set forth in Section B.1 above. This includes tangible research property, such as lab notebooks, data, research tools, prototypes, records, or written results.
    3. All Intellectual Property that is created by Covered Individuals in the course of performing research projects that are supported partially or fully by the University or any external agency (usually either a private company or a federal agency, in either case referred to as a “sponsor”) is ABOR-Owned IP, regardless of the form or type of Intellectual Property. Sometimes ABOR agrees to grant the sponsor certain ownership and/or license rights in such ABOR-Owned IP. If that is the case, that agreement governs Intellectual Property ownership. The University works with the principal investigator of such a research project when negotiating these agreements with sponsors.
    4. ABOR does claim ownership of, and Covered Individuals assign to ABOR, all right, title, and interest to all other Intellectual Property not specifically excluded under paragraph B.1.a that is created in the course and scope of employment at the University or with significant use of ABOR or University resources.
    1. Except as otherwise provided in this Policy, the University shall own all copyrights to works made by University employees in the course and scope of their employment and shall own all copyrights to works made with the substantial use of University resources.
    2. It is the policy of the Board of Regents of the University of Oklahoma that all rights in copyright shall remain with the creator of the work unless the work is created with substantial use of University resources, is specifically assigned or commissioned by the University, is subject to non-University contractual or legal obligations, or is a “work made for hire” as that term is defined by U.S. Copyright Law.
    1. For purposes of this policy, “work made for hire” should be as defined by the American Association of University Professors (AAUP) Statement on Copyright.1 “Substantial use” means that the creator receives more than normal support for the project or receives time and/or resources specifically dedicated to the project.

      Footnote: The University of Kansas, Lawrence, will be guided specifically by that portion of the AAUP 1999 Statement on Copyright (AAUP Policy Documents & Reports, Tenth Edition, p.215, lines 15-21), that states, “Works created as a specific requirement of employment or as an assigned institutional duty that may, for example, be included in a written job description or an employment agreement, may be fairly deemed works made for hire. Even absent such prior written specification, ownership will vest in the college or university in those cases in which it provides the specific authorization or supervision for the preparation of the work. Examples are reports prepared by a dean or by the chair or members of a faculty committee, or college promotional brochures prepared by a director of admissions.”

    2. When the University specifically directs the creation of mediated courseware by assigning one or more employees to develop the mediated courseware and supplies them with materials and time to develop the mediated courseware, the resulting mediated courseware belongs to the University and the University shall have the right to revise it and decide who will utilize the mediated courseware in instruction. The University may specifically agree to share revenues and control rights with the employee.