PROPOSED COPYRIGHT POLICY

COPYRIGHT TASK FORCE REVISIONS IN AND FACULTY SENATE EXECUTIVE COMMITTEE AMENDMENTS TO LEGAL COUNSEL DRAFT

(deletions crossed through; additions in bold)

Approved by the University of Oklahoma Faculty Senate 1-11-99; under review by the administration

1. PREFACE

As a publicly supported institution of higher education, the University of Oklahoma is dedicated to serving the state through teaching, research and service. The University values creativity in all academic endeavors and the creation of copyrighted works is one of the ways the University fulfills its mission of contributing to the body of knowledge for the public good.

Copyrights are created by the Constitution and the laws of the United States to promote the progress of science and the useful arts by securing for limited times to authors the exclusive rights to their works and writings. The basic objectives of the University's policy concerning copyright include the following:

  1. To maintain the University's academic policy of encouraging research and scholarship as such without regard to potential gain from royalties or other income.
  2. To make copyrightable materials created pursuant to University objectives available in the public interest under conditions that will promote their effective utilization.
  3. To provide adequate incentive and recognition to faculty and staff through proceeds derived from their works.
  4. To stimulate creativity across all media.

2. POLICY

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.

3. OWNERSHIP

3.1 Scholarly/Aesthetic Works.

In keeping with traditional academic practice and policy, ownership of copyrights to works of artistry or traditional scholarship in the creator's professional field such as textbooks, course materials, scholarly papers and articles, computer courseware, software, 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 and the works shall not be deemed "works made for hire" unless they are also sponsored/contracted works or specifically assigned by the University. The general obligation of faculty to produce scholarly works does not constitute specific assignment. Such exempt works of artistry or traditional scholarship shall be subject to an irrevocable, non-exclusive, free-of-cost and world-wide license in the University to exercise all copyright rights in and to the work except the right to commercially distribute copies. Upon request by the University, the creator(s) will grant 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 commercially or professional exploit the work. If a use of the work by University is reasonably determined by the creator to impair the exercise of such rights, the University shall discontinue the impeding use but otherwise shall remain free to use the work as provided in this Paragraph 3.1.

3.2 Personal Works.

Ownership of copyrights to works prepared outside the course and scope of University employment and without the substantial use of University resources (equipment, facilities, services or funds (regardless of source) administered by and/or under the control of the University) shall reside with the creators; provided, 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.

3.3 Sponsored Works.

Ownership of copyrights to works produced by or through the University in the performance of a written agreement between the University and a third-party/sponsor shall be governed in accordance with the agreement. If the agreement is silent in that regard, ownership shall be governed by the other provisions of this policy it shall be owned by the University.

3.4 Commissioned Works.

Ownership of copyrights to works produced for University purposes by persons not employed by the University or by University employees outside their regular University employment (commissioned works) normally shall reside with the University. In all cases, copyright ownership shall be specified in a written agreement signed by the parties. Any commissioned work agreement which provides for ownership by other than the University shall also provide the University with an irrevocable, free-of-cost, non-exclusive, world-wide 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 commercially or professionally exploit the work. If a use of the work by University is reasonably determined by the creator to impair the exercise of such rights, the University shall discontinue the impeding use but otherwise shall remain free to use the work as provided in this Paragraph 3.4.

3.5 University Works.

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. Provided, University shall give due regard to the creator's interests in the quality and integrity of the work and where appropriate grant recognition for creation of the work. To the extent consistent with University rights under the U.S. copyright law, nothing herein shall be construed to prevent the creator from using his/her knowledge, expertise, research and creative achievement in other employment.

3.6 Student Works.

Ownership of copyrights to works produced by registered 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). Provided however, in all cases a student's graduate thesis or dissertation shall be deemed a student work under this policy but 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. If a use of the work by University is reasonably determined by the creator to impair the exercise of such rights, the University shall discontinue the impeding use but otherwise shall remain free to use the work as provided in this Paragraph 3.6

Provided, nothing herein shall be construed to prohibit the University from copying, displaying or performing academic assignments/projects and to destroy same if left by student.

3.7 Jointly Originated Works.

Ownership of copyrights to jointly originated works shall be determined by separately assessing the category of work of each creator under this Section 3. Rights between joint owners of a copyright shall be determined pursuant to copyright law or by agreement between the owners of the work.

4. REVENUE SHARING

4.1 The University may assign or license its copyrights to others. The University shall share revenue which it receives through copyrights with the creators, as provided hereafter. Specific provisions of sponsored agreements (grants or contracts) or other third-party contracts may govern rights and revenue distribution. Accordingly, any royalty share or expenses contractually committed to such third parties shall normally be deducted before revenues accrue or before the creator's share is distributed. In all events, revenue sharing with the creator(s) may not violate the terms of any funding agreement or applicable laws and regulations.

4.2 The revenues received from a University owned copyright (excepting commissioned works) after deducting costs and expenses of registration, maintenance and defense of University copyrighted works and pursuant to paragraph 4.1 (net revenue) shall be shared with faculty creators as follows:

(A) the first $5,000.00 of net revenue will be paid to the creator(s);

(B) thereafter, faculty creators will receive sixty percent (60%) of such net revenue;

(C) the remaining forty percent (40%) of net revenue to the University will be dedicated to research purposes and to the promotion of original works.

4.3 Notwithstanding the above or anything else to the contrary herein, staff employees are not eligible to share revenues received from University owned copyrights where such employees create copyrightable works as a part of their normal responsibilities of University employment. Provided, a staff employee may apply to the appropriate Vice President for Research 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.

5. ADMINISTRATION

5.1 Release to the Creator. An individual creator of a University owned work may seek transfer of the University owned copyright to him/herself by making written request to the appropriate Vice President for Research Provost. If the University decides not to exploit such work, then it may transfer the copyright, by written agreement, to the individual creator to the extent consistent with any applicable third-party agreement or law. Provided, such transfer shall be subject to an irrevocable, non-exclusive, free-of-cost and world-wide license in the University to exercise all rights under the copyright in the work except the right to publicly distribute copies for commercial purposes and subject to or such other conditions as may be agreed upon in writing between the individual creator(s) and the Provost Vice President for Research, unless to do so would impair the ability of the creator to commercially or professionally exploit the work. If a use of the work by the University is reasonably determined by the creator to impair the exercise of such rights as transferred in the agreement, the University shall discontinue the impeding use but otherwise shall remain free to use the work as provided in Paragraph 5.1.

Provided further, in all events the University shall retain such rights as it deems necessary to perform its obligations under law or any contract/grant arrangement with third parties.

5.2 Disclosure and Protection. An individual creator of a University owned copyrightable work shall protect the work by placing the following statutory copyright notice on all copies thereof

("Copyright [insert year produced, e.g., 2000], the Board of Regents of the University of Oklahoma."). If the creator believes the work may have commercial value, he/she shall promptly provide written disclosure of the work to the appropriate Provost Vice President for Research.

5.3 Legal Compliance Warranty. A creator of any copyrighted work owned by the University under this policy shall, prior to the filing of the application for registration with the Copyright Office, Library of Congress, execute a statement that he/she warrants that Any work created by a University employee or student, to the best of his/her knowledge and informed belief, shall the work does not infringe on any existing copyright. or other legal rights; that work not identified as quotations is the expression or creation of the creator; that necessary permission for quotation and the like have been obtained; and that the work contains no libelous material nor material that invades the privacy of others.

5.4 Creators of copyrightable works subject to this policy and the University shall cooperate as reasonably necessary to effect the terms of this policy. For example, if copyright to a work of traditional scholarship vests in the University by law, the University will, upon request and to the extent consistent with its legal obligations to third parties, promptly execute such documents as will transfer copyright to the faculty creator(s).

5.5 The Provosts Vice Presidents for Research, Norman Campus and the Health Sciences Center, shall be responsible for administering the research and copyright affairs of the University in a manner consistent with this policy. The Provosts Vice Presidents for Research shall cooperate in consultation with the Copyright committee on each campus to establish written directives to be approved by the President of the University and distributed to the employees and students of the University, which shall govern the procedures to be followed in processing copyrighted works created within the University.

5.6 The University does not act as a fiduciary for any person concerning consideration received under the terms of this policy.

6. CONTRACTUAL TERM

The terms of this copyright policy are a part of any contractual relationship of the University with any member of the faculty, staff or student body. This policy, as amended from time to time, shall be deemed to be a part of the conditions of employment of every University employee and a part of the conditions of enrollment and attendance of every student at the University.

7. RESOLUTION OF CONFLICT

Should disputes arise relative to the distribution of royalties and/or ownership of copyright between the creator and the University, the matter will be referred to the Copyright Committee, which will make recommendations to the President for proper resolution of the disputes. Either the University or creator may contact the Chairman of the Faculty Senate or Provost to arrange to have the Copyright Committee meet to consider such disputes.

8. UNIVERSITY COPYRIGHT COMMITTEE

a) The University shall have a Copyright Committee for each Campus that shall consider and investigate disputes among administrators, faculty, or staff and shall recommend appropriate solutions to the President. The Committee's responsibilities shall include, but not be limited to, disputes concerning:

1) Ownership of copyright

2) Terms of commissions

3) Distribution of royalties for the University-owned works

4) Distribution of royalties for works that may have required specific and unusual University expenses

b) The Copyright Committee of each campus shall have as its members:

Each member of the Committee shall have one vote. The Committee shall keep its own records, determine its own procedures, and elect its own chair who shall report to the President. The Committee also may review this policy from time to time and may recommend changes to the President.