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IV. Copyrights

A. Ownership of Copyrighted Works

  1. In determining the ownership of any copyrighted work not covered by a University agreement, three factors are to be considered by the University: (a) the initiative for the work, (b) control over the content and final approval and (c) resources or compensation, if any, provided by the University.
  2. The University follows standard academic practice in disclaiming ownership of, and royalties proceeding from, Scholarly Works unless the work meets the qualifications outlined in IV.A. 3 or 4.
  3. The University retains the ownership of copyrighted works created by one or more of its employees within the scope of their employment at least one of the following special circumstances applies:
    1. The work was developed by employees in the course of contractual employment duties or was commissioned by the University and constitutes a Work for Hire;
    2. The work was developed with use of Significant University Resources.
  4. Ownership of work developed in the course of, or resulting from, work supported by a grant or contract with a governmental entity or a nonprofit or for-profit nongovernmental entity, shall be determined in accordance with the terms of the grant or contract or, in the absence of such terms, shall be owned by and assigned to the University, as otherwise provided in this Policy.
  5. Work, unrelated to an individual’s employment responsibilities, that is developed exclusively on his or her own time without any University funds, resources, facilities or personnel shall be owned by the author.

B. Authorship and Permissions

  1. Collaborators on a single work are joint Authors, as that term is defined under U.S. copyright laws and regulations. Because joint ownership creates complex management problems, it is recommended that faculty have agreements that define the interrelated rights and duties among the parties prior to beginning work.
  2. All copyrighted works owned by The University of Findlay shall bear the legend “© 20 The University of Findlay. All rights reserved.”
  3. All Authors are responsible for securing permissions or licenses from owners before reproducing, distributing, making a derivative work or displaying copyrighted works. It should be assumed that all material displayed on the World Wide Web is copyrighted, unless permission to reproduce, distribute or display the works is expressly granted within the material or it is clearly in the public domain. Whether a particular use constitutes Fair Use under U.S. copyright law can be difficult to ascertain. Assistance regarding questions of Fair Use and Copyrights will be provided by the supervising vice president or senior officer designated by the President and the University’s legal counsel.
  4. Use of University marks or logos requires permission of the University. Requests for permission should be directed to the Office of Marketing and Communication.

C. Disclosure, Licensing and Commercialization

  1. The supervising vice president or senior officer designated by the President, with the assistance of the University’s legal counsel, shall draft agreements for the University to enter into with faculty members and others concerning ownership of copyrights and the allocation of rights associated with specific University projects.
  2. Agreements that grant to third parties the rights to commercially develop Software, Electronic Courses or other copyrighted works owned by the University are encouraged. The supervising vice president or senior officer designated by the President is responsible for negotiating such agreements on behalf of, and in close coordination with, Authors. The policies for disclosure and assessment of such works shall be the same as those described for Inventions in section III., part B of this Policy.
  3. Licenses, sales or other transfers of copyrighted works must be approved as to form by the University’s legal counsel.
  4. Authors shall, whenever practicable, be advised and consulted on the progress of license negotiations, but in no event shall they have a right of approval to the legal or payment terms of any agreement. The University shall not have a duty to an Author to secure a minimum Royalty.