57 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.
    2. The Board of Regents and University will not assert an interest in faculty produced textbooks, scholarly writing, art works, musical compositions and dramatic and non-dramatic literary works that are related to the faculty member's professional field unless such work is commissioned by the University or is a work for hire pursuant to Paragraph F below.
    3. Basic Intellectual Property Policy as stated in the Board of Regents of The University of Texas System, Regents' Rules and Regulations, Rule 90101.
    1. The research was funded by a sponsor pursuant to a grant or sponsored research agreement or is subject to a Material Transfer Agreement (MTA), Non-Disclosure Agreement (NDA), or other legal obligation that restricts ownership of intellectual property.
    2. The student made use of University resources other than non-specialized equipmentin connection with the research.
    3. 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
    4. The ownership of intellectual property or novel results from research developed by a student vests with the student unless:
    5. 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.
    6. Ownership of course-related materials remains the same whether the material is presented in traditional classroom or in electronic form.
    7. University Members shall retain all rights relating to publication, preparation of derivative works, distribution, and classroom use of works which they have prepared on their own initiative, including both papers published in scholarly journals or books, theses, and dissertations, provided the University does not possess rights of ownership as described below.
  2. www.webpages.uidaho.edu www.webpages.uidaho.edu
    1. In order to permit UI to comply with public access mandates established by federal law or federal agency or university policy (e.g. the National Institutes of Health Public Access Policy, Division G, Title II, Section 218 of PL 110-161 [Consolidated Appropriations Act, 2008]) and related  terms and conditions of research agreements, UI employees and students accepting research grants or contracts from, and conducting research from United States federal  agencies do hereby grant UI an irrevocable, non-exclusive, non-transferable, non-commercial, royalty-free license in copyrightable materials produced as a result of such research, such license to be used solely to comply with public access mandates.  This grant of non-exclusive license is deemed by UI to be a special arrangement for federal grants and contracts, per Subsection E below, and is not subject to the disposition of rights described in B-2-b or to negotiation under Section B-5 below. [add. 7-09, ed. 7-16]   
    2. made “substantial use” of UI resources in the creation or development of the specific materials
    3. 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
    4. works prepared by faculty as part of the general obligation to produce scholarly or other creative works, such as, but not limited to, articles, books, musical compositions, and works of art
    5. course materials, study guides, and similar works prepared by faculty in the furtherance of their instructional responsibilities at UI.  See FSH 1565 D-G
    6. UI employees and students retain all rights in the copyrightable materials they create except in the cases of “UI-Sponsored Materials” as defined in Subsection B-2-b below, materials subject to grant of a non-exclusive license to UI for public access as described in Subsection B-2-c below, materials covered by a Grant or Contract as discussed in Subsection E below, and materials covered by a valid written agreement between the natural person or persons and the UI as discussed in Subsection B-5 below.
    1. In the case of Computer Software (what are referred to in this Policy as Non-Traditional Works as defined in Section B.5) in which the University has invested Extraordinary Resources (defined in Section B.6), the Creator shall own the copyright to such Non-Traditional Work; provided, however, that the University is entitled to share in the revenues generated by licensing copyrighted works created and owned by members of the Northwestern Academic Community when all three of the following conditions are met:
    2. 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.
    3. In cases where a copyrightable work has been produced with support to Northwestern University from a government agency or other external source whose grant specifies that the copyright for any work created under the grant is the property of the University (as grantee), then, if permitted under the applicable grant terms, the University assigns the copyright ownership to the work to the creator(s), subject to the following conditions:
    4. ). In the case of Computer Software created by members of the Northwestern University Academic Community in the course of their employment the Creators shall grant to the University a perpetual, non-exclusive, royalty-free right and license to use, perform, display, copy, reproduce, modify and create derivatives of such works for all traditional, customary or reasonable academic or research purposes of the University.
    5. In the case of Traditional Works that are instructional materials integral to the administration of an academic program (such as laboratory manuals, placement tests, internship handbooks, etc.), the University shall also have a perpetual, royalty-free right and license to use, reproduce, modify and create derivatives of such works, for all traditional, customary or reasonable academic purposes of the University. When it proposes to exercise this right and license for instructional materials, the University shall make reasonable efforts to consult with the Creator(s)
    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. If a faculty member’s work is subject to a contractual obligation of the University, such as a sponsored research agreement, then the ownership of the copyrights with respect to such work shall be governed by the terms of the contractual obligation of the University
    3. A faculty member (an academic appointment in the professorial ranks, research ranks, or non-professorial ranks under Policy 201 “Faculty Appointments, Promotions, and Tenure,” or other policies referenced therein) owns the copyrights to scholarly works, literary works, art works, architectural works, musical works, syllabi and textbooks that such faculty member produces regardless of the form of expression
    4. Rice Policy 333 “Patent and Software Policies.”
    5. this policy provides that faculty members, staff researchers, and graduate and undergraduate students own the copyrights to works they produce during their academic careers at the University, subject to limited contractual exceptions and, in certain circumstances, limited use rights
    6. 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. Use of any materials or services paid for out of an external grant to the faculty member does not count toward substantial use.
    2. 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.
    3. If the stored course material is created by full-time faculty in the context of the normal duties and does not involve substantial use of Florida Tech resources, the ownership of the intellectual property remain with the creator.
    4. 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.
    5. In accordance with other institutions of higher learning and except as provided for in Paragraph 2 below, the right of first publication and of statutory copyright in any book, manuscript, television or motion picture script or film, educational material or other copyrightable work, whose author is a faculty member, shall be the property of the author.
    1. ABOR does not claim copyright ownership in Students’ dissertations intended to fulfill degree requirements. This means that students are free to publish, distribute, copy, modify, publicly perform, and publicly display their dissertations at their own discretion.
    2. 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.
    3. Basically, if a Student is acting in his or her capacity as a student (rather than as an employee) and does not make significant use of University Resources, ABOR does not claim ownership of that Intellectual Property.
    4. 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.
    5. 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.
    6. 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.
    7. ABOR does not claim ownership of the copyright (i.e., the tangible expression) in "Scholarly Works,” “Fine Art,” or “Student Works” created by Covered Individuals. All of these terms (Scholarly Works, Fine Art, and Student Works) are specifically defined in the ABOR IP Policy. Excluded IP includes, without limitation, scholarly publications, textbooks, journal articles, syllabi, course materials and notes, research bulletins, monographs, books, play scripts, theatrical productions, poems, music, movies, art, and instructional materials that are created by a Covered Individual, usually a faculty member or a student, at his or her own direction and with only incidental use of University resources.
    8. “Significant Use of University Resources”: The ABOR IP Policy specifically defines what constitutes “significant use of University resources.” Although the definition is detailed, it is logical—it does not cover simple use of a University-provided laptop or office space, for example, but generally does cover what is done on University time or in furtherance of University-related activities, such as research.

      From Board of Regents IP Policy: "“Significant Use of Board or University Resources” includes but is not limited to any of the following: use of research funding; use of funding allocated for asynchronous or distance learning programs; use of university-paid time within the employment period other than during sabbaticals or consulting as permitted under Board and university policies or except in the creation of scholarly works; assistance of support staff; use of telecommunication services beyond ordinary telephone services; use of university central computing resources; use of instructional design or media production services; access to and use of research equipment and facilities, or production facilities. The Board does not construe the use of office space, library resources, personal workstations, or personal computers as constituting significant use of university resources."

    9. This University of Arizona Intellectual Property Policy (the “Policy”) explains, supplements, and implements the Arizona Board of Regents (ABOR) Intellectual Property Policy (6-908) for the University of Arizona (University).
    1. a staff employee may apply to the appropriate Senior Vice President and Provost to be treated as a faculty member for purposes of revenue sharing for a work resulting from a specific project upon a showing that his/her duties and responsibilities in that project are, in practical effect, substantially the same as those of a faculty member.
    2. as a condition of enrollment and awarding a degree, the University reserves an irrevocable, non-exclusive, free-of-cost and world-wide right to reproduce in any media and distribute to the public, on a non-commercial basis, copies of said theses and dissertations, unless to do so would impair the ability of the creator to commercially or professionally exploit the work
    3. Ownership of copyrights to works produced by enrolled students without the use of University funds (other than Student Financial Aid), that are produced outside any University employment and are not sponsored or commissioned works, shall reside with the student creator(s).
    4. 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.
    5. the provision of office facilities, limited secretarial assistance, library facilities for which special charges are not normally made or other resources which are made available to the public without charge, shall not be considered substantial use of University resources.
    6. Upon request by the University, the creator(s) will grant the University a nonexclusive, free of cost, world wide right and license to exercise all copyright rights in and to the work, except the right to commercially display, use, perform, or distribute copies of the work, unless to do so would impair the ability of the creator to have the work published or distributed.
    7. Copyrighted courseware and/or software that are not associated with traditional works as described above shall fall under and are subject to the Patent Policy
    8. In keeping with traditional academic practice and policy, ownership of copyrights to works of artistry or scholarship in the creator’s professional field such as textbooks, course materials, scholarly papers and articles, software and other computer materials when they are works of artistry or scholarship, novels, poems, paintings, musical compositions or other such works of artistic imagination produced by University employees who have a general obligation to produce such works where the specific choice, content, course, and direction of the effort is determined by the employee without direct assignment or supervision by the University shall reside in the creators
    9. 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. The rights to copyrightable software with an actual or projected market value in excess of $10,000 annually, except software included in computer-mediated courseware, shall be determined pursuant to the Board's Patent and Copyrightable Software12 Policy (II.A.8.b).
    3. 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.
    4. When employees develop mediated courseware without specific direction by the University, unless otherwise agreed, the ownership of the courseware shall remain with the employee.
    5. The mediated courseware shall not be sold, leased, rented or otherwise used in a manner that competes in a substantial way with the for-credit offering of the University unless that transaction has received the approval of the Provost and Executive Vice Chancellor
    6. The ownership of student works submitted in fulfillment of academic requirements shall be with the creator(s) with the following exception: upon request of the creators, the University shall determine ownership of works created from research or development activities that are collaborative efforts involving students, faculty or staff, or spanning several semesters.
    7. Notwithstanding any use of institutional resources or “work made for hire,” the ownership of textbooks, scholarly monographs, trade publications, maps, charts, articles in popular magazines and newspapers, novels, nonfiction works, supporting materials, artistic works, and like works shall reside with the creator(s) and any revenue derived from their work shall belong to the creator(s).