(A)
Policy
statement
(1)
A
copyrightable material or work will be owned by the university of Toledo
"university" employee when it is originated by the employee without significant
support from university. Such materials or works include employee-authored
books, journal articles, research studies, musical works, syllabi, distance
learning courses, workbooks, examinations, tests, lectures, lecture notes and
power point slides whether or not this material is published on the intranet
for student use.
(2)
A copyrightable material or work will be owned by
university if:
(a)
The work is prepared by an employee, entirely as a part
of the employee's designated duties as an employee.
(b)
The employee has
been specially ordered or commissioned in a signed agreement between university
and the employee to create or produce the materials for which the employee
received compensation from university other than and in addition to normal
assignment or salary from sources administered by university, as a work made
for hire that provided for the transfer of copyright to
university.
(c)
Employees will use the following notice when displaying
university-owned copyrighted material: "copyright or © 20--_, the university of
Toledo. All rights reserved."
(d)
Notwithstanding
the above, university may contract for sponsored research or investigation,
which includes the use of its facilities and/or employee's services and in
which the ownership of copyrightable subject matter resulting from such
sponsored research is at variance from paragraph (A)(1) of this copyright
policy 3364-70-14.
(3)
University
license under extraordinary circumstances
In the event that a faculty member
leaves university under adverse conditions, university is entitled to a
one-year royalty-free license to use and reproduce any of the faculty member's
copyrighted works necessary to teach and conduct the faculty member's assigned
course(s).
(B)
Purpose of
policy
Provide a guideline for copyrightable
subject matter that is developed at university.
(C)
Definition
"Significant support" means the use of
university-owned facilities/services and/or university financial support in the
form of money or released time beyond the normal assignment or salary, which
constitutes over fifty per cent of the cost of creating the work in its final
form.
(D)
Procedure
(1)
Any employee involved or wishing to be involved in the
creation or production of a material or work, who is uncertain as to its status
as a university-owned or university-sponsored material or work, may request a
review and decision on this question through the following process:
(a)
The employee will
prepare a written request including all relevant background information and
forward it through his/her staff supervisor, department chair and
dean.
(b)
Once those approvals have been received, the employee
will forward the request to the head of technology transfer, who will review
the material and make a recommendation, which he/she will send to the president
for a final decision.
(c)
Both the recommendation of the head of technology
transfer and the decision of the president will thereafter be promptly
transmitted to the person initiating the request.
(2)
In the event that
there is a disagreement between the employee and university regarding the
extent of internal use or terms for external use of a university-sponsored
material or work, the employee will submit a similar written request, as in
paragraph (D) (1) (a) of this policy 3364-70-14, including the relevant
background information to the head of technology transfer, who will attempt to
negotiate an agreement between university and the employee.
(E)
Legal
title to all university-owned copyrightable works and materials are vested in
the university upon creation. Such title shall be vested either by operation of
law or by express assignment of copyright by the author.
(F)
Division of
income.
Net income from any licensed
copyrightable work or materials is defined as earnings received by university
from a license with a third party for copyrightable work after payment of all
costs incurred by university in connection with the licensed copyrightable work
or materials. If more than one employee contributed to the licensed
copyrightable work or materials, that part of the net income accruing to the
employees will be distributed on a pro-rata basis, unless another percentage
disbursement of the employees' share is specifically requested in writing by
the employees.
Notwithstanding university's
non-exclusive license, net income from any licensed copyrightable work or
material that is licensed to a third party will be shared between university
and the employee(s) who originated it. Forty per cent of the net income will
belong to the employee(s) or the heirs and the legatees of the employee(s). The
remaining sixty per cent of the net income will be the property of university
and will be distributed in accordance with the following schedule.
|
Distribution
schedule
|
|
Employee(s) research
account
|
Employee(s)
college
|
Employee(s)
department
|
University
|
|
10%
|
5%
|
5%
|
40%
|
|
Will be used solely to support
the author(s) ongoing university activities.
|
Will be used by the dean(s) of
the college(s) in which the author(s) has (have) primary
appointment.
|
Will be used for departmental
purposes by the chair(s) of the department(s) in which the author(s) has (have)
primary appointment.
|
Will accrue to the
university.
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