3.3.5 Copyright Policy Regarding Scholarly, Academic and Artistic Works

  1. Transfer of Scholarly Works: The University hereby transfers its rights to copyright Scholarly Works now in existence or hereafter created to the Faculty or employee who authored those works-with the following conditions and exceptions.
  1. Conditions. - The University prohibits the incorporation of Michigan Tech's name, logos, seals and other symbols in the later use of Scholarly Works without its written consent and reserves the nonexclusive right and license to without charge:
  1. use Scholarly Works for educational or administrative purposes consistent with its educational mission and academic norms; and
  2. preserve, archive, and host Scholarly Works in its institutional repositories, such as the Digital Commons at Michigan Technological University, University Archives and Copper Country Historical Collections, or the campus computing network, where Faculty can control the timing and scope of access to their copyrighted works.
  1. Exceptions-The University does not, under this policy, transfer its copyright in Scholarly Works:
  1. that are authored as required Deliverables under a sponsored activity agreement;
  2. when that would put the University in violation of or conflict with an applicable contract or law;
  3. that are specifically commissioned by the University or are created as part of an administrative assignment to, for, or on behalf of the University;
  4. that are software under Board of Trustees Policy 14.1; or
  5. that are or have been transferred to the University in writing (other than the Board of Trustees Policy 14.1 acknowledgement which Faculty sign as condition of employment).
  6. if Faculty created instructional material is intended to be sold to third party providers of on-line or other courses during or after Faculty's time of employment at Michigan Tech. This section f is not intended to prohibit use by the creator of such Scholarly Works in the normal course of the creator's current or future employment as an educator.
  1. Students: Students hold the copyright in works they author, unless they have authored works as Employees or transferred their copyright in writing to the University or other entity.
  2. Independent Contractors: It is the general practice of the University to have Independent Contractors transfer to the University, in writing, the copyright in works they create for, in conjunction with, or on behalf of the University.
  3. Collaborative and Joint Works: When people collaborate to author a copyrighted work, it often results in a "joint work" in which all the rights holders jointly hold nonexclusive rights to use the work. Employees and students who collaborate with each other or with non-University third-parties (e.g., volunteers, visitors, and collaborators) are encouraged to describe or determine, in writing, the disposition of copyright prior to authoring the work.
  4. University-Held Works:
  1. Disposition: Ordinarily, the University units most closely associated with the creation of specific University-held works may authorize uses of those works (e.g., they may authorize a third-party to copy, adapt, or distribute a University- held work). The disposition of the following University-held works, however, shall be managed by the responsible unit of the Office of the Vice President for Research: software intended to be revenue-generating; software funded under a sponsored activity agreement; and any Deliverables funded under a sponsored activity agreement.
  2. Notice and Registration: University-held works that are registered with the U.S. Copyright Office or that include a copyright notice should identify the "Michigan Technological University" as the copyright holder.
  3. Freedom to Contract: The University is free to contract with Employees, students, or others to license uses of or to transfer or acquire the copyright in works.
  1. Policy Interpretation and Dispute Resolution: This policy and its implementation may require interpretation and review. University constituents should make every attempt to resolve disputes informally with the assistance of one or more of the following: the Office of the Ombudsman, Office of the Provost and Vice President of Academic Affairs, Vice President for Research, Chief Information Officer, Director of the Office of Innovation and Industry Engagement, or other official. If informal procedures and consultation do not provide resolution of a dispute or policy issue, University constituents may file a request for formal dispute resolution or policy interpretation with the Office of the Provost.
  2. Definitions:

Deliverables means copyrighted works that must be authored and delivered in order to comply with the obligations of a sponsored activity agreement.

Employees means any people employed by Michigan Technological University in any capacity, whether they are Faculty, staff, administration, or students and whether they are employed full-time, part-time, or in a temporary capacity.

Faculty means full-time and part-time tenured, tenure-track, research, lecturer, clinical, and adjunct Faculty, as well as librarians, archivists, and curators.

Independent Contractors means non-Employees retained by the University to provide goods or services.

Scholarly, Works means Scholarly, Academic and Artistic works authored by Faculty within the scope of their employment as part of or in connection with their teaching, research, or scholarship. Common examples of Scholarly Works include: lecture notes, case examples, course materials, textbooks, works of nonfiction, novels, lyrics, musical compositions/arrangements and recordings, journal articles, scholarly papers, poems, architectural drawings, software (see exception 2.d), visual works of art, sculpture, and other artistic creations, among others, regardless of the medium in which those works are fixed or disseminated.

  1. Trademark

This policy does not grant Faculty the right to use the name of Michigan Tech or any images representing Michigan Tech in the use of any Scholarly Works which are outside of their duties as Faculty of Michigan Tech or are not conducted on behalf of Michigan Tech.

Senate Policy 114.1


Revised:
12/08/2016 - Annual Review: No changes made to content.
06/04/2015 - To reflect current University titles, "Board of Control" is now "Board of Trustees".
04/22/2015 - Annual Review: New section to be consistent with Senate Policy 114.1.