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Intellectual Property Rights Policy
Board of Governors Policy 3.1.020
Revised by the Board of Governors on April 18, 2007
The purpose of the “Intellectual Property Rights Policy” is to foster creative activity and discovery within the bounds of academic freedom, while at the same time protecting the interests of the university.
This policy will cover several different areas of intellectual property, including copyright, rights to online intellectual property, patents and trademarks.
A. “Substantial UCM resources” means that the scholar receives from UCM time and/or resources specifically dedicated to the project that go beyond those typically available to scholars at UCM for development or production of intellectual property. Those resources may take the form of, but are not limited to, internal funding, external funding, special assignment of graduate assistantships, reassigned time, or specific remuneration for course development. Resources that are typically available to scholars (and hence should not constitute “substantial UCM resources”) include such support as regular salary, office space, library facilities, ordinary access to computers and networks including Internet access, space for course pages, and technical support. In addition, the preparation and publication of educational materials utilizing regular secretarial, graduate assistant and/or professional staff time are not to be considered substantial support.
B. The definition for copyright is found in 17 U.S.C. 102, as amended. Prohibited copying generally extends to performances of creative works, broadcasts, digitizing works or creating new works using someone else’s protected work. These are examples of prohibited acts not an exhaustive list.
- Unlawful copies of copyrighted materials may not be produced on university owned equipment.
- Unlawful copies of copyrighted materials may not be used with university owned equipment, within university owned facilities or at university sponsored functions.
- Neither legal nor applicable insurance protection of the university will be extended to employees who intentionally and unlawfully copy and use copyrighted materials.
- Employees who make copies and/or use copyrighted materials in their jobs are expected to be familiar with published provisions regarding fair use and public display, and are further expected to be able to provide their supervisor, upon request, the justification under Sections 107 or 110 of Title 17 USC for materials that have been used or copied. Use of copyrighted materials includes, but is not limited to, performance of creative works, broadcasts, digitizing or creating derivative works using copyrighted works.
- Employees who use copyrighted materials that do not fall within fair use or public performance or display guidelines must be able to substantiate that the materials meet the following tests:
- The materials have been purchased from an authorized vendor by the individual or university and a record of the purchase exists;
- The materials are copies covered by a licensing agreement between the copyright owner and the university or the individual employee;
- The materials are being previewed or demonstrated by the user to reach a decision about future purchase or licensing and a valid agreement exists that allows for such use.
- The university provides educational resources on copyright and has appointed a copyright professional to provide copyright education and assist employees in fulfilling their obligations under U.S. copyright law. Employees and students have a duty to search for copyright protection before using work they do not own.
B. Online Courses and Online Supplemental Materials for Traditional Courses
C. PATENTS – Board of Governors Policy 3.1.030- CURRENTLY UNDER REVIEW
D. TRADEMARKS – NOT APPROVED - CURRENTLY UNDER REVIEW
Link to procedure: "Intellectual Property Rights Procedure"
The “Intellectual Property Rights Policy” replaces the former “Copyright Policy” which was approved by the Board of Regents on February 18, 1987.
Approved by the Board of Governors on September 15, 2004
Article III. Section E. and Article IV. Transferred to UCM Intellectual Property Rights Procedure April 18, 2007
Approved by the Board of Governors on April 18, 2007
Formatting updated August 1, 2007