USM Bylaws, Policies and Procedures of the Board of Regents


(Approved by the Board of Regents, May 31, 1990)
(This policy remains in effect only for copyrights before
July 1, 2002.  For all works copyrighted on or after July 1,
2002, this policy has been replaced by the Policy on
Intellectual Property IV-3.20, approved by the Board of
Regents , February 8, 2002.)


      Prior practice of the University of Maryland has been
      to ascribe ownership of copyright on the basis of the extent
      of the use of facilities and resources.  This revision bases
      ownership on the characteristics of the work effort, e.g. 
      the work may be an independent creative act in the course 
      of employment or it could be a commissioned work produced 
      under contract.

      Contextual factors such as use of resources etc. will remain
      important in determining contract terms and in interpreting the


      It is the policy of the University of Maryland System
      that copyrights arising from aesthetic, scholarly, or other
      work developed through independent efforts and not part of a
      directed institutional or University System assignment shall 
      reside with the originator.  Independent effort is defined 
      as the product of inquiry, investigation, or research to 
      advance truth, knowledge, or the arts where the specific 
      choice, content, course, and direction of the effort is 
      determined by the individual without assignment or 
      supervision by the institution or System. 

      All rights in copyright for all other works arising from the
      use of institutional or System resources whether directed
      or commissioned or contractually determined shall belong to
      the Regents.

      In conformity with this policy, the Chancellor and chief
      executive officers of the System institutions are authorized 
      to enter into agreements with respect to ownership, licensure,
      disposition of royalty income, resolution of disputes, and
      other rights related to copyrights under their respective
      jurisdictions.  They are authorized to register copyrights,
      accept copyrights from third parties, and to sell or grant
      licenses or assignments in the name of the Regents for any
      rights to copyrights under their jurisdiction.


      A.  Scholarly/Aesthetic

      In keeping with traditional academic practice and policy,
      ownership of copyrights to scholarly or aesthetic works
      that are prepared through independent effort and not 
      part of a directed assignment, shall reside with the 
      originator except as otherwise provided in this Policy.
      The general obligation of faculty to produce scholarly 
      works does not constitute such a directed assignment.

      B.  Personal

      The copyright to any work that is prepared outside the
      scope of employment and without the use of institutional 
      or System resources by an employee shall be the property 
      of the employee.

      C.  Sponsored/Contracted

      The Board of Regents asserts its right to copyrightable 
      works created under sponsorship or contract.  Copyright
      ownership of sponsored works and contracted works shall 
      be governed by such agreements or contracts.  Any 
      sponsored work agreement which provides for ownership 
      by other than the Board of Regents shall also provide 
      the Board of Regents with a free-of-cost, non-exclusive,
      world-wide license to use and reproduce the copyrighted 
      work for research and education purposes, except where 
      prohibited by law or government regulation.

      D.  Commissioned

      When the institution or System commissions the production
      of a work, title normally should be with the Board of
      Regents. In all cases, copyright ownership shall be 
      specified in the written contract. Any commissioned 
      work agreement which provides for ownership by other 
      than the Board of Regents, shall also provide the Board 
      of Regents with a free-of-cost, non-exclusive, world-wide 
      license to use and reproduce the copyrighted work for
      research and education purposes, except where prohibited
      by law or government regulation.

      E.  Acquired by Assignment or Will

      The Board of Regents may acquire copyrights by assignment or
      will pursuant to the terms of the written agreement or


      The Board of Regents may assign or license its copyrights to
      others. The University System through its constituent
      institutions shall share with the originator(s) revenue
      which it receives through copyrights. Specific provisions 
      of grants or contracts may govern rights and revenue 
      distribution. Consequently, revenues received from 
      such copyrights may be exclusive of payments of 
      royalty shares to donors or contractors. Moreover, 
      System institutions may contract with outside persons
      or organizations for the obtaining, managing and defending
      of copyrights, and any royalty share or expenses
      contractually committed to such persons or organizations 
      may be deducted before revenues accrue or before the 
      originator's share is distributed. The revenues 
      (net, if applicable per the preceding paragraph)
      which are received from a copyright will be applied first
      to reimburse the System or constituent institution for any
      specific, incremental expenses incurred by it in generating 
      the copyright and in marketing, licensing and defending the 

      After provision for such expenses, such revenues shall be 
      shared as follows: 
      (1) the first $5,000 will be paid to the originator(s):
      (2) thereafter the originator(s) will receive seventy-five
          percent of such revenues.  Applicable laws, regulations 
          or provisions of grants or contracts may, however, 
          require that a lesser share be paid to the originator.

      To the extent consistent with State and University System
      budget policies any net revenue received on account of a
      copyright, after sharing with the originator(s), will be
      dedicated to research and to the promotion of original
      works.  If practicable, eighty-five percent of the 
      System's or constituent institution's share of new 
      revenue from each copyright will be designated for 
      research in the originator's department or analogous 
      unit up to $100,000 in a fiscal year for a particular
      department or analogous unit.

      If use of such funds for research within the originator's
      department or analogous unit is not practicable, the funds
      should usually be designated for research in a related 
      department or unit. The remaining part of the net 
      revenues shall be devoted to research and incentive 
      for creative works as directed by the President or 
      Director, or designee (or, for the System Office,
      the Chancellor or designee).


      For purposes of interpretation of this policy, the following
      definitions shall apply:

      A. Aesthetic Work
         A work that is a result of original artistic expression.

      B. Commissioned Work
         A work produced for the institution or the System by
         others pursuant to a contract at the institution's 

      C. Contracted Work
         Work produced by and for others at the others' expense, 
         using institutional or System facilities pursuant to a

      D. Copyright

         The intangible property right granted by statute
         providing the owner the following exclusive rights 
         over a work: to reproduce, to prepare derivative 
         works, to distribute, to perform publicly, and to 
         display publicly.

      E. Direct University Assignment

         Any written or oral instruction or task assigned to an

      F. License
         A contract in which a copyright owner grants permission 
         to exercise one or more of the rights under copyright.

      G. Originator
         Any person who produces a work by his or her own 
         intellectual effort, including student employees.

      H. Royalties
         A payment made to an owner of a copyright for the
         privilege of practicing a right under the copyright.

      I. Scholarly Work
         Work such as, but not limited to, books, articles,
         other such publications, lectures, and computer 
         software resulting from independent effort.

      J. Software
         A work comprising statements or instructions to be
         used directly or indirectly in a computer to bring 
         about a certain result and any associated 
         documentation containing operational instructions. 
         (In cases where software is found to be patentable 
         the Patent Policy will govern.)

      K. Sponsored Work
         A work produced by or through an institution or the
         System pursuant to a contract, grant, or other agreement.

      L. University System Resources
         All buildings, equipment, services, funds (regardless
         of source), and other facilities under the control of the
         Board of Regents.

      M. Work
         Any copyrightable expression including, but not limited to
         writings, lectures, musical or dramatic compositions,
         sound recordings, films, videotapes, computer software,
         architectural designs, and works of art.

  Replacement for:  BOR VII-3.00 and BOT XIII