2.6

Minutes of the Board of Regents, May, 8, 1976

Subject: COPYRIGHT

Date Adopted: May 8, 1976

Reference: Minute Book: 19 Page: 364

Objectives

A copyright policy is proposed for the University that will seek to protect and promote the traditional academic freedom of the University staff and students in matters of publication; that will seek to balance fairly and reasonably the equitable rights of authors, sponsors, and the University; and that will attempt to ensure that any copyrightable material in which the University has an interest is utilized in a manner consistent with the public interest.

Materials subject to Copyright

The following types of material now or in the near future may be subject to copyright:

  1. Books, journal articles, texts, glossaries, bibliographies, study guides, laboratory manuals, syllabi, tests, and proposals.
  2. Lectures, musical or dramatic compositons, and unpublished scripts.
  3. Films, film strips, charts, transparencies, and other visual aids.
  4. Video and audio tapes and cassettes.
  5. Live video or audio broadcasts.
  6. Programmed instruction materials.
  7. Computer programs.
  8. Other materials.

Ownership and Disposition of Copyrightable Material

The University believes that the above-stated objectives will best be attained by defining the ownership and disposition of copyrightable material in terms of the following categories:

  1. Ownership of all copyriqhtable material which is developed in the course of or pursuant to a sponsored research or other agreement shall be determined in accordance with the terms of the sponsored research or other agreement.


    2. Normally, sponsored research contracts by the Government provide the Government with specified rights in copyrightable material developed in the performance of the research. These rights may consist of title to such data vesting in the Government or the reservation of a royalty-free license to the Government with title vesting in the author or University. Grants and other types of sponsored research agreements, whether by the Government or industry may, on the other hand, provide no specific provision concerning rights in such material.

    The purpose of this provision is to ensure that the University will be free to dispose of all such data in a manner consistent with its obligations to the sponsor and to the public.

    This provision is not intended to apply to copyrights on papers published in the usual way in journals, since such papers are normally the property of the journal.

  2. All copyrightable material which is developed with the significant use of funds, space or facilities, including but not limited to classes and laboratory facilities, administered by the University but without any M.S.U. obligations to others in connection with such support, shall be the joint property of the University and the author with royalty ownership rights established in proportion to the contribution of each party.


    3. The University shall exercise its rights in such material in a manner that will best further M.S.U.'s basic aims as an educational institution, giving full consideration to making the material available to the public on a reasonable and effective basis, avoiding unnecessary exclusions and restrictions, and providing adequate recognition of the authors.

    In this respect M.S.U. recognizes and reaffirms the traditional academic freedom of its staff and students to publish freely without restriction. In keeping with this philosophy, M.S.U. will not construe the provision of office or library facilities as constituting significant use of University space or facilities, nor will it construe the payment of salary (including that salary paid for summer professional improvement leaves, sabbaticals, or Presidential Fellowships) as constituting significant use of University funds, except for those situations where the funds were paid specifically to support the development of such material. In addition, the University will not construe a direct contribution of less than $1,000.00 as being significant.

  3. Copyrightable material not within the provisions of Categories A and B of this Policy is wholly the property of the author.
  4. Royalty Sharing Provisions Under Categories A and B

Royalty income received by the University through the sale, licensing, leasing or use of copyrightable material under Category B, in which the University has acquired a property interest, will normally be shared with the author and the department, laboratory or center within the University where the material originated. Authorship shall be determined by an ad-hoc Committee for Copyrights.

At a certain time in the developmental stages of a fully University-supported or University-initiated production, it would be appropriate for all University employees to reach an understanding with the University, through the Committee, concerning the division of any royalty income that might result from copyrightable material.

Where, after review, authorship cannot be determined, the percent share of royalties intended for the author shall be distributed instead to the originating department, laboratory or center. (As used herein, the phrase "originating department, laboratory or center" means the department, laboratory or center which administered the funds, space or facilities used in developing the copyrightable material.)

The University reserves the right at its discretion to deduct from gross royalty income, prior to any such distribution, expenses, such as litigation, which may be incurred in enforcing or defending the copyright or in licensing the copyrightable material.