RE: digital-copyright Digest 18 Jul 2002 15:00:00 -0000 Issue 32 (work for hire)

["Gilliam, Charles" <Charles.Gilliam@xxxxxxxxxxxxxxxx>]

Title: RE: digital-copyright Digest 18 Jul 2002 15:00:00 -0000 Issue 32 (work for hire)

This kind of thing normally is owned by the institution by default unless the institution has made a mistake and let it reside with the individual. You describe what is usually going to be a work for hire and copyright will reside in the institution at least for US purposes (work for hire is a US rule). In addition, an individual such as you describe normally is retained subject to a written agreement that makes all this clear. An example standard clause is appended below. It is of course possible for the individual and institution to agree to change the normal situation and permit the individual to own the work. When considering such an arrangement the parties also should consider the subsidiary questions of under what circumstances the institution can use the work and whether the individual is entitled to royalties (or other remuneration) in addition to his salary, consulting fee, etc. The above is just a generalized paragraph concerning general application and should not be considered legal advice or the answer to your or any other specific problem. You need to consult with a qualified attorney in your state for a definitive answer in your particular situation.

APPENDIX
"The work product of the Services, and any works of authorship, writings, discoveries, inventions, and innovations resulting from the Services, shall be promptly communicated to and be exclusively the property of Company. All original works of authorship which are made by Consultant (solely or jointly with others) in connection with the Services and which are protectible by copyright are "works made for hire," as that term is defined in the United States Copyright Act and if they are not deemed works made for hire in any jurisdiction then Consultant hereby assigns Company all rights therein. Consultant expressly waives any "moral rights" in any of the foregoing and will not assert any such "moral rights" to the detriment of Company. Consultant shall, at Company's request and expense, perform all lawful acts requested by Company (i) to perfect Company' title in the foregoing, and (ii) where applicable, to enable Company or its nominee to obtain and maintain copyright, patent, or other legal protection therefor anywhere in the world.

The decision whether or not to use, commercialize or market anything developed by Consultant is within Company's sole discretion and for Company's sole benefit and no royalty or other compensation (except as provided in section 2) shall be due to Consultant as a result of Company's efforts to commercialize or market any such invention.

Consultant agrees not to improperly use in connection with the Services or disclose to Company any proprietary information or trade secrets of any former or concurrent employer, client or other person or entity and will not bring onto the premises of Company any unpublished document or proprietary information belonging to any such employer, client, person or entity unless consented to in writing by such employer, client, person or entity."

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Date: Wed, 17 Jul 2002 10:42:07 -0500
To: digital-copyright@xxxxxxxxxxxxxx
From: "Carol H. Wolfe" <chw@xxxxxxxx>
Subject: Who owns the rights?
Message-Id: <4.3.1.2.20020717103803.00ba9c60@xxxxxxxxxxxxx>

If a faculty or staff member under contract to a university or organization
develops a syllabus for a class and it includes extensive research, a
suggested reading list, and basically a lot of effort on the individual's
part, who "owns" the syllabus? The institution or the individual? Is it up
to each individual institution to determine that? If it isn't stated in
writing somewhere, can the institution still claim ownership rights?
Thanks for any help on this.
---------------------------
Carol H. Wolfe
Executive Assistant to the Dean of Faculty
Principia College
1 Maybeck Place
Elsah, IL  62028
618-374-5156
chw@xxxxxxxx