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Copyright Policy
- It is the policy of the College to encourage faculty
and staff members to undertake creative endeavors and to receive recognition
for the
copyrightable works resulting from these endeavors. A copyrightable
work is a creative work protectible under the copyright laws of the
U.S. or other countries. Copyright protection is available for most
literary, musical, dramatic and other types of creative works, including,
for example, both traditional works such as books, manuscripts, artistic
works, movies, and television programs, and encoded works such
as software and other technologies used to support the electronic
capture,
storage,
retrieval, transformation and presentation of digital data and information
or to interface between digital forms and other communications and
information media.
- Except as noted below, faculty members, staff members,
and students are ordinarily entitled to ownership of copyright and
to receive any
royalties
or other income derived from works that they have authored, including
books, articles, films, cassettes, software, and works of art.
- The College
does not presently claim ownership of textbooks, class notes, and other
scholarly works or publications in peer-reviewed and professional
or trade journals authored by faculty, creative works such as poetry
and novels, or artistic works created by faculty, even if these works
might otherwise be considered "work made for hire." "Works
made for hire" are copyrightable works created by an employee
within the scope of employment, or works specially commissioned by
a College
administrator and College funds are provided expressly for their development.
The College recognizes the traditional exception to works made for
hire for scholarly works created by faculty.
- Notwithstanding Paragraph
2,
the College shall retain ownership in copyright and royalties or other
income in the following instances:
a.
Whenever research or a related activity is subject to an agreement between
a sponsor and the College that contains restrictions concerning copyright
or the use of copyrighted materials, ownership of all resulting materials
shall be handled in accordance with such agreement.
b.
Whenever the College
allocates significant funds or facilities (including use of College-funded
time, equipment, and personnel, but not use of
Library (ARC) and other facilities available to the general public, and
occasional use of office equipment and office staff) for programs that
may result, directly or indirectly, in the creation of works protected
by copyright, the College and the faculty members, staff members, or
students receiving the benefit of such funds or facilities shall enter
into a written agreement expressly dealing with the ownership of copyright,
royalties, and related matters. The execution of such a written agreement
that is acceptable to the College shall ordinarily be a precondition
for the allocation of such significant funds or facilities. Any use of
copyrightable works (including scholarly works) created by faculty members
for distance education programs sponsored by the College, or otherwise
using the College's name or facilities shall be conditioned upon a written
agreement setting forth the ownership and other rights of the parties
contributing to the program.
c. Whenever a work protectable by copyright is created by a faculty or
staff member as part of the individual's administrative responsibilities
(for
example, official College publications and reports) or by academic employees
pursuant to a specific direction or assigned duty (other than the teaching
of courses) from the College, the work shall be treated as "work
made for hire" and copyright ownership will be retained by the College.
- The President of the College shall be responsible for administering
the College's policy on copyright.
- The College reserves the right to
change its copyright policy in the future.
SCOPE
This Copyright Policy addresses the rights and responsibilities
of the College, its employees, students and any other persons affiliated
with
the College, with regard to copyright in copyrightable works ("Works")
which they may create while engaged in their activities associated
with the College. This policy also covers copyright in Works created
as part
of work undertaken with external partners, sponsored research and development,
and contract training unless separate agreements with the College exist.
This Policy and its associated procedures applies to all employees,
students and to any other persons affiliated with the College.
This Policy is intended to provide broad guidelines and principles.
Except in the case of scholarly works, if significant funds or facilities
of the College are to be used, the terms and conditions regarding copyright
ownership, use of and compensation for Works produced at or in association
with the College and other copyright related issues are to be negotiated
between the parties and set down in a written agreement including, if
applicable, the division of royalties or other income derived from Works.
Each agreement will be determined on a case-by-case basis.
Please contact Tom Brown, Human Resources Department, with questions about this policy.
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