Re: Who owns the rights? BY Dana Bostrom

["Olga Francois" <ofrancois@xxxxxxxx>]

Posted for Dana Bostrom...

Date: Fri, 19 Jul 2002 08:23:59 -0700
From: "Dana Bostrom" <bostrom@xxxxxxxxxxxxxxxx>
To: <digital-copyright@xxxxxxxxxxxxxx>

I wouldn't agree that most institutions would own such a syllabus as
described below.  Each institution has its own copyright policy, and
that would dictate the decision.  Many other factors, which you don't
mention, would also influence the eventual outcome, such as 1) was the
work done under a contract with the person 2) what was the employment
relationship with the person at the time it was done 3) what use of
institutional resources was made, etc.  Many universities define course
syllabi as "scholarly" or professional work and it is not owned by the
university. When it is owned, there is a separate contract.  The
Association of University Technology Managers websites provides links to
many university copyright policies for reference -- (www.autm.net;
Policies; Intellectual Property).

What a policy should say is a difficult decision, and one to be
considered carefully with representatives from all the stakeholders at
your institution, in comparison with state and e federal laws.

Dana

[][][][][][][][][][][][][][][][][][][][][][]
Dana Bostrom
bostrom@xxxxxxxxxxxxxxxx
Innovation Relationship Strategist
Software & Copyright Ventures/University of Washington
Phone: 206.616.3451  FAX: 206.616.3322
http://depts.washington.edu/ventures

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by: Gilliam, Charles
Re: Who owns the rights?

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.