
USM Bylaws, Policies and Procedures of the Board of Regents IV-3.10 - POLICY ON COPYRIGHTS (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 For all works copyrighted on or after July 1, 2002, this policy has been replaced by the Policy on Intellectual Property IV-3.20, approved by the Board of Regents , February 8, 2002.) PREAMBLE 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 policy. I. POLICY 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. II. OWNERSHIP BY CATEGORY OF WORK 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 testament. III. REVENUE SHARING FOR NON-CONTRACTED WORK 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 rights. 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). IV. DEFINITIONS 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 expense. C. Contracted Work Work produced by and for others at the others' expense, using institutional or System facilities pursuant to a contract. 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 originator. 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