Copyright Policy

COPYRIGHT POLICY

The following Copyright Policy is taken from Appendix B of the Agreement between UDM and the UDM Professors' Union, covering the time period between May 16,2008 and May 15, 2013.  For additional information, please refer to the Contract.

Preamble

Technological change has made intellectual property issues increasingly complex. As a consequence both faculty and the University must together develop, respect and enforce clear intellectual property policies to best achieve the University's mission of instruction, research, and providing service to the community, professions, and disciplines, while remaining consistent with academic freedom, copyright law and tradition. Goals of the policy herein include protecting the interests of the faculty, adjunct faculty, students, and the University while encouraging implementation of technology in their courses and the development of innovative courseware and educational methods. This policy is applicable to anyone engaged in academic pursuit at the University.  In the United States, these seven rights are recognized: [17 U.S.C. 106, 106A. http://www.copyright.gov/title17/92chap1.html]

  1. the reproductive right: the right to reproduce the work in copies;
  2. the adaptive right: the right to produce derivative works based on the copyrighted work;
  3. the distribution right: the right to distribute copies of the work;
  4. the performance right: the right to perform the copyrighted work publicly;
  5. the display right: the right to display the copyrighted work publicly;
  6. the attribution right (sometimes called the paternity right): the right of the author to claim authorship of the work and to prevent the use of his or her name as the author of a work he or she did not create;
  7. the integrity right: the right of an author to prevent the use of his or her name as the author of a distorted version of the work, to prevent intentional distortion of the work, and to prevent destruction of the work.

 A. Works Involving the Use of Ordinary University Resources

(1) Each faculty member is the exclusive copyright owner of works created at the initiative of the faculty member with ordinary University resources, including ordinary resources used during a research leave, and which are intended to disseminate knowledge for traditional academic purposes. The faculty member has the right to license such material, and such license agreement must be done in writing (with the exception being subsection A8 below). Faculty is encouraged to mark all their copyrighted work with the typical copyright symbol, but copyright protection is in place with or without such markings.

(2) Examples of "ordinary University resources" are those commonly made available to similarly situated faculty include but are not limited to the ordinary use of libraries, online learning management systems (such as the University's current Blackboard system), office supplies, faculty office space and equipment, university laboratory space and equipment, administrative and technical support staff, telephones, computers and University computer facilities, and other informational resources Works developed as part of a research leave are considered to have used ordinary resources.

(3) Examples of such works created by faculty with ordinary University resources include but are not limited to books, articles, theses, papers, lectures, syllabi, novels, poems, musical composition, visual works of art, transparencies, CD-ROMs, video tapes, DVDs and computer software.

(4) Except as noted in section B below, the faculty member's exclusive copyright ownership extends to material created for the content of any instructional technology intended to disseminate knowledge for traditional academic purposes, regardless of the specific medium through which this material is produced or disseminated, and regardless of whether or not this material is archived in any format by the University.

(5) Where the authorship of a work created with ordinary University resources cannot be attributed to one or a discrete number of authors but instead result from simultaneous/sequential contributions over time by multiple authors, the copyright shall be jointly owned by all participating authors.

(6) If the University assists in commercializing a work created with ordinary University resources, the author shall, through written agreement, assign or exclusively license the work to the University and establish a mechanism for the sharing of commercial proceeds with the author.

(7) The University may, with the written agreement of the faculty member, initiate copyright protection of the faculty member's work.

(8) In the event a faculty member becomes unable, due to factors beyond his/her control, to complete the teaching of a course after the course has begun, permission to use any course materials owned by the faculty member which are essential to the University's ability to arrange for completion of the course shall be deemed granted by the faculty member for the duration of and exclusive use for the course.

 B. Works Involving the Use of Extraordinary University Resources

(1) The University and the faculty members involved generally have a shared interest in the property rights of works involving the use of extraordinary University resources.

(2) Examples of "extraordinary University resources" may include institutional funding or grants in support of the work's creation including but not limited to payments to a faculty-author in excess of such faculty-author's ordinary salary, and a reduction in faculty workload specifically to facilitate creation of the work.

(3) The copyright to works involving the use of extraordinary University resources and all derivative works created by a faculty-author shall be owned by the University. Whether a particular work is created through use of extraordinary University resources shall be determined initially by the relevant dean, his/her designee, or the director of the unit of the University that is providing the extraordinary University resources prior to the commitment by the University of those resources. Final determination will be by mutual written agreement of the faculty author and the University. At the University's discretion, it may grant to the relevant faculty-author a non-exclusive non-transferable license to use the work involving use of extraordinary University resources for external purposes; provided that if use of the work by the faculty-author generates income the license may provide that:

a) the author shall reimburse the University for the substantial resources provided the author, or
b) the author shall share income from such commercialization with the University.

(4) A Sponsored or Externally Contracted Work (Work) shall be any work developed using funds supplied under an Sponsored Research Agreement (SRA), contract, grant, or other arrangement between the University and a third party.

i. Unless the relevant sponsorship agreement requires copyright ownership by the University or conveyance of rights to a third party, the author of a Work shall own the copyright to such Work.
ii. The University will own a Work where the relevant agreement requires copyright ownership by the University or conveyance of rights to a third party, in which case the University will convey rights to the third party as required. In such cases the author of the Work shall be required to report the work to the Vice President for Academic Affairs and Provost, using such forms and procedures as that office develops.

C. Fair Practice

The University covenants that during the term of employment of any given faculty author, the University will not authorize non-author faculty to use instructional works created by the faculty-author, without the prior, written approval of the faculty-author, unless ownership of such works has been assigned to or is vested in the University as stated in the foregoing paragraph.

D. UDMPU Oversight and Approval of Agreements Involving UDMPU Members

All agreements between a UDMPU member and the University that involve separate compensation and copyright or patent ownership must be in writing, and the UDMPU must sign off on all such agreements in a timely manner.