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Draft
9/6/02
Policy on Ownership of Course Materials
I. Purpose and Scope
The University of California Policy on Copyright Ownership (August 19,
1992) sets forth the University's policy for works produced at, by, or
through the University of California, its campuses, and the Department
of Energy Laboratories.
The purpose of this policy is to supplement the existing Policy on Copyright
Ownership to address copyright ownership issues related to materials prepared
for instructional purposes at the University of California.
II. Definitions
A. For purposes of this Policy, the following definitions shall apply:
- Course Materials
Materials prepared for use in teaching, fixed or unfixed, in any
form, including, but not limited to, digital, print, audio, visual,
or any combination thereof. Course materials include, but are not
limited to, lectures, lecture notes, and materials, syllabi, study
guides, bibliographies, visual aids, images, diagrams, multimedia
presentations, web-ready content, and educational software.
- Course Syllabus
A course description reviewed and approved pursuant to applicable
Academic Senate regulations, consisting of a statement of learning
objectives and a topical outline for an approved course of instruction.
- Exceptional University Resources
University Resources (including but not limited to University Facilities
and University Funds, as described below) significantly in excess
of the usual support generally available to similarly situated faculty
members. Such things as ordinary secretarial support, library facilities,
office space, personal computers, ordinary access to computers and
networks, and academic year salary are not Exceptional University
Resources.
B. The following definitions from the University of California Policy
on Copyright Ownership are also used in this Policy:
- Designated Academic Appointees
Those University employees who have a general obligation to produce
scholarly/aesthetic works. Included are all appointees in the Professor
series, In-Residence series, and the Professional Research series.
Appointees in other academic titles may also be designated by the
appropriate Chancellor or Vice President as having the obligation
to produce scholarly/aesthetic works
- Originator(s)
One who produces a work by his or her own intellectual labor. When
there is more than one originator, the ownership of each originator's
contribution shall be considered separately pursuant to this Policy.
- University Facilities
Buildings, equipment, and other facilities under the control of the
University, that are designated by the appropriate Chancellor, Laboratory
Director, or Vice President as requiring an advance agreement, from
non-University personnel and University personnel acting outside the
scope of their employment, concerning the disposition of any copyrighted
works that are originated with the use of these facilities. Such facilities
normally include campus computer centers and normally do not include
University libraries. For the purposes of this Policy, the Department
of Energy Laboratories are considered to be under the control of the
University.
- University Funds
Funds, regardless of source, that are administered under the control,
responsibility, or authority of the University.
- University Resources
University funds or facilities.
- Work
Any copyrighted expression, including literary work (written lectures
are included); musical work including any accompanying words; dramatic
work, including any accompanying music; pantomimes and choreographic
work; pictorial, graphic, and sculptural work; motion pictures and
other audiovisual work; sound recordings; and computer software.
III. Ownership of Course Materials
A. Ownership of Course Materials Originated by Designated Academic
Appointees.
Except as provided below, ownership of the rights to Course Materials,
including copyright, shall reside with the Designated Academic Appointee
who creates them. However, the University retains a fully paid-up, royalty-free,
perpetual, and non-exclusive license to any Course Syllabus for the purpose
of continuing to teach the course of instruction for which the syllabus
was prepared, with the non-exclusive right to revise and update as required
for this purpose.
B. Personal Work, Student Work, Sponsored Work, Commissioned Work,
and Contracted Facilities Work.
Ownership of Course Materials that constitute Personal Works, Student
Works, Sponsored Works, Commissioned Works, or Contracted Facilities Works
are defined in and shall be governed by the University of California Policy
on Copyright Ownership.
C. Course Materials Created with the Use of Exceptional University
Resources.
Ownership of the rights to Course Materials created, in whole or in part,
by Designated Academic Appointees with the use of Exceptional University
Resources shall be governed by a written agreement entered into between
the Originator(s) and the University. The agreement shall specify the
way in which rights will be owned and controlled and the way in which
any revenues will be divided if the materials are commercialized.
Originator(s) and University officials are encouraged to explore the
need for an agreement whenever it appears that Exceptional University
Resources are involved in creation of a particular Work or when there
is any uncertainty about the ownership of rights for the Work. It is in
the interest of the Originator(s) and the University that assessment of
the need for an agreement takes place at the earliest possible time in
the life cycle of a project to which this provision might apply.
In the absence of an agreement, rights to Course Materials created with
the use of Exceptional University Resources shall belong jointly to the
Originator(s) and the University. Before these materials are commercialized,
the Originator(s) and the University shall enter into a written agreement
specifying who shall control the use of the materials and how any revenues
will be divided. If no agreement can be reached, the matter shall be referred
to the Course Materials Policy Committee.
Copies of all agreements on Course Materials created with the use of
Exceptional University Resources shall be filed with the UC Standing Committee
on Copyright.
D. Jointly Originated Works.
Ownership of rights to Course Materials that are created by the intellectual
labor of more than one person shall be owned jointly, pursuant to the
provisions of the University of California Policy on Copyright Ownership,
Section V. If Course Materials are created jointly, including the intellectual
labor of Designated Academic Appointee(s) and others, ownership of the
contributions of Designated Academic Appointee(s) shall be governed by
this Policy, and the contribution of others shall be governed by the University
of California Policy on Copyright Ownership. Ownership of the rights to
jointly originated Works shall be determined by separately assessing the
Category of Work of each Originator pursuant to the University of California
Policy on Copyright Ownership.
IV. Course Materials Policy Committee
A Course Materials Policy Committee shall be established at each campus.
The committee shall be advisory to the Chancellor and shall consist of
at least five members, a majority of whom shall be appointed by the divisional
Academic Senate. This committee will make recommendations to the Chancellor
regarding any issues concerning: (1) what constitutes the use of Exceptional
University Resources; and (2) the commercialization of Course Materials
created with the use of Exceptional University Resources. The Course Materials
Policy Committee shall make a written report of its recommended resolution
of each issue, which shall be filed with the Chancellor of the campus
and with the UC Standing Committee on Copyright.
V. Standing Committee on Copyright
For the purposes of promoting Universitywide consistency in the interpretation
of this Policy and providing a means for the University to gain the benefit
of the diverse experiences of the campuses, the UC Standing Committee
on Copyright will regularly review the reports of the campus Course Materials
Policy Committees and of agreements on Course Materials created with the
use of Exceptional University Resources, and make recommendations to the
Provost and Senior Vice President for Academic Affairs for policy revisions
or implementation guidelines that may be needed to achieve these purposes.
VI. Using Course Materials Outside the University.
In using Course Materials outside the University of California, Designated
Academic Appointees shall abide by applicable University policies, including,
but not limited to:
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