The University of Science and Arts of Oklahoma recognizes that copyrights are protected by the Constitution and the laws of the United States to promote the progress of science and the arts by securing for limited times the exclusive rights to an individual's work and writings. The basic objectives of the University policy concerning copyrights include the following
TomaintaintheUniversity'sacademicpolicyofencouragingresearchandscholarship without regard to potential gain from royalties or other income.
Tomakematerialseligibleforcopyright,createdpursuanttoUniversityobjectives, available to the public under conditions which promote their effective use.
To provide adequate incentive and recognition to faculty, staff, and students through proceeds derived from their work.
As used in this policy, terms have the following meaning:
Inventions--Alldiscoveries,programs,processes,methods,uses,products,or combinations, whether already copyrighted or eligible for copyright at any time, under the current Federal Patent Act.
WrittenMaterials--Allliterary,dramatic,artistic,andmusicalmaterialsorworksand all other materials or works, including computer programs, published or unpublished, copyrighted or eligible for copyright, at any time under the Federal Copyright Act.
RecordedMaterials--Allaudiotapes,videotapes,film,orotherrecordingsor transcriptions, published or unpublished, whether or not copyrighted or eligible for copyright, at any time under the Federal Copyright Act.
Materials -- Written and recorded materials.
UniversityPersonnel--Part-timeandfull-timemembersofthefaculty,staff,andall other agents and employees, and students of the University.
- UndertheCopyrightRevisionActof1976(17U.S.C.101etseq.),originalworksare protected by copyright from the time they are fixed in a tangible medium of expression.
- AllUniversityPersonnel,inaccordancewiththeUniversity'spolicyofpromoting creative and scholarly activities, are free to develop, create, and publish works eligible for copyright.
- CopyrightedworksproducedbyUniversitypersonnel,exceptasnotedinparagraph"E" below, are the property of the creator. All rights afforded copyright owners under Section 196 of the Act reside with the creator unless he or she has assigned or licensed any of the rights. Decisions relative to registering works with the copyright office are left to the individual creator.
- Works specifically commissioned by the University under Section 201 (b) of the Act belong to the University. As copyright owner, the University makes decisions relative to registering commissioned works. Royalties for University-commissioned copyrighted works may be shared by the University and the creator(s) of the work subject to the discretion of the University. Disputes arising over royalty sharing shall be referred to the University Research Committee, which will in turn recommend to the President.
- Allnoncommissionedcopyrightablematerial,developedwiththesignificantuseof funds, facilities, or equipment, administered by the University, become the property of the University. However, the University recognizes and reaffirms the traditional academic freedom of its faculty, staff, and students to publish freely without restriction. In keeping with this philosophy, the University does not construe the provision of office or library facilities as constituting significant use of University facilities, nor does it construe the payment of salary as constituting significant use of University funds, except for those situations where the funds, facilities or equipment specifically support development of such material.
- Faculty, staff, and students shall own all rights to materials prepared at their initiative, including all royalties from publication or distribution of such materials, except as noted in paragraph "E" above.
- Works produced under a specific contract or grant agreement between the University and a governmental or other agency, or any other organization, are subject to the terms of the grant or contract for purposes of copyright. If copyright ownership is not specified, such rights shall reside with the creator(s).
- Where University service units are involved with the production of a substantially completed copyrightable product, royalties shall be distributed between the copyright owner and the University as provided in a written agreement, prior to completion. However, when a written agreement has not yet been completed, the distribution of royalties will be evenly divided between the creator and the University. If disputes arise, the matter shall be referred to the University Research Committee, which will in turn recommend to the President.
- The University Research Committee, as noted above, will investigate and make appropriate recommendations to the President. The committee's responsibilities shall include, but not be limited to, disputes concerning ownership of University- commissioned works; terms of commissions; distributions of royalties for University- produced works; and distribution of royalties for works that may have necessitated specific and unusual University expenses.