|
EDUCATIONAL
POLICY COMMITTEE
Saturday, May 30, 1998
10:30 - 11:00 a.m.
East Oval Room, The Rotunda
Committee
Members:
Champ
Clark, Chair
Elizabeth A. Twohy
T. Keister Greer
Elsie Goodwyn Holland
Walter F. Walker
J. Michael Allen
Joseph E. Wolfe
John P. Ackerly, III, Ex Officio
I.
AGENDA
- I.A.
DEGREE NAME CHANGE
- The
M.A. in Clinical Ethics degree is a joint program operated by
the School of Medicine and the Graduate School of Arts and Sciences.
It is proposed to rename the degree and enlarge its content. The
proposed new name is "M.A. in Bioethics."
- The
purpose of the program is to teach the knowledge and skills required
in the multidisciplinary field of bioethics. The program will
be located in the Center for Biomedical Ethics in the Medical
School. It will be administered by a committee of faculty who
report to the Deans of Medicine, Nursing, Law, and the College.
The core teachers for the program will be professors from Medicine,
Nursing, Law, Philosophy, and Religious Studies.
- The
expansion and renaming of the program have been approved by the
involved schools and by the Faculty Senate Executive Committee.
Board approval is now required.
- ACTION
REQUIRED: Approval by the Educational Policy Committee and the
Board of Visitors
- APPROVAL
TO CHANGE DEGREE TITLE
- The
President will propose the adoption of the following resolution:
- RESOLVED
that the degree title M.A. in Clinical Ethics be changed to M.A.
in Bioethics.
- I.B.
Policy Revision - Copyright Policy
- BACKGROUND:
The Board of Visitors adopted a copyright policy for the University
in May 1986, with an effective date of July 1, 1986. That policy
(attachment A) provides that the University will claim an interest
in copyrightable works if they require significant use of University
facilities, personnel or resources.
- The
office of the Associate Provost for Research promulgated a different
and inconsistent copyright policy in July of 1992 (attachment
B). It did not provide for University ownership in cases where
"significant" University resources were invested.
- This
inconsistency provoked a study of the University's copyright policies.
Mr. Block has spearheaded the study, which has been conducted
within his office in close consultation with the Provost and the
University Research Policy Advisory Committee (URPAC). URPAC is
an advisory committee of faculty formed to work with Mr. Blocks
office on matters of University research policy.
- DISCUSSION:
The new draft policy now presented to the Board has been approved
by URPAC, by the Faculty Senate Executive Committee, by the Vice
President for Research and Public Service, and by the Provost.
It resolves the inconsistency noted above by adhering to the 1986
Board of Visitors policy. Specifically, the new draft provides:
- "[T]he
University asserts its right of copyright ownership if significant
University resources (including sponsor-provided funds) are used
in the creation of such works, and (a) the work generates royalty
payments; or (b) the work is of commercial value that can be realized
by University marketing efforts."
- ACTION
REQUIRED: Approval by the Educational Policy Committee and the
Board of Visitors.
- APPROVAL
TO REVISE COPYRIGHT POLICY
- The
President will propose adoption of the following resolution:
- WHEREAS,
the Copyright Policy was adopted by the Board of Visitors on May
30, 1986; and
- WHEREAS,
the Ad Hoc Committee on Policy Reform has examined the existing
Copyright Policy for accuracy and applicability; and
- WHEREAS,
on February 9, 1997, the Board of Visitors on the advice of the
Ad Hoc Committee on Policy Reform referred this resolution to
the Educational Policy Committee for review and revision;
- RESOLVED
that the Copyright Policy approved on May 30, 1986, be rescinded;
and
- RESOLVED
FURTHER that the following Copyright Policy be established effective
May 30, 1998:
INTRODUCTION
- The
objective of this policy is to encourage the production of copyrightable
works that contribute to the professional stature of their author(s)
and that advance the University's scholarly, academic, and public
service missions. This policy governs the respective ownership
rights of the University and its employees in copyrightable material
produced within the scope of employment. The intention of this
policy is that the University will not assert its ownership interest
in copyrightable scholarly and academic works created by academic
and research faculty who use generally available University resources.
The University asserts its ownership interest in copyrightable
works, however, if significant University resources (including
sponsor-provided funds) are used in the creation of the work and:
(a) the work generates royalty payments; or (b) the work is of
commercial value that can be realized by University marketing
efforts. In such cases, the University will share royalties with
the author(s). The University's share of royalties from copyrightable
works will be used by the Vice President for Research and Public
Service to support research, teaching, and scholarly activities.
- In
cases where the provisions of this policy state that the University
cedes copyright ownership to the author(s), it is the intention
that such ownership will be ceded to the author(s) by operation
of this policy without further action by the University.
DEFINITION
- Copyright
is a form of protection provided by the laws of the United States
to "original works of authorship" including literary, dramatic,
musical, artistic, and certain other intellectual works, whereby
copyright owners may claim, for a limited time, certain exclusive
rights to specified works. This protection is available to both
published and unpublished works and gives the copyright owner
the exclusive right to reproduce, distribute, sell, perform, display,
or prepare derivatives of the work, and to protect a copyright
against infringement. Copyright protection does not extend to
an idea, procedure, process, slogan, principle, or discovery.
OWNERSHIP
- Work-for-Hire
Rule
- The
"work-for-hire" rule, defined in the Copyright Act, provides that
when an employee produces a copyrightable work within the scope
of employment, the copyright to that work belongs to the employer
and not to the author.
- Employee
Ownership
- The
employee owns the rights to any work created at his or her own
initiative and outside the scope, time, and place of employment.
- The
University cedes copyright ownership to the author(s) of scholarly
and academic works (such as journal articles, books, and papers)
created by academic and research faculty who use generally available
University resources. However, the University asserts its right
of copyright ownership if significant University resources (including
sponsor-provided funds) are used in the creation of such works,
and: (a) the work generates royalty payments; or (b) the work
is of commercial value that can be realized by University marketing
efforts.
- Use
of the University's name in connection with the commercialization
of a faculty work must be approved in advance by the University.
- University
Ownership
- By
operation of the copyright law, the University owns in the name
of The Rector and Visitors of the University of Virginia (the
University's corporate name) all rights, title and interest in
copyrightable works created by University employees while acting
within the scope of their employment. The University cedes copyright
ownership to the author(s) of scholarly and academic works (such
as journal articles, books, and papers) created by academic and
research faculty who use generally available University resources.
However, University asserts its right of copyright ownership if
significant University resources (including sponsor-provided funds)
are used in the creation of such works, and: (a) the work generates
royalty payments; or (b) the work is of commercial value that
can be realized by University marketing efforts.
- Even
in cases where the University retains copyright ownership under
this policy, it may cede such ownership to the work's author(s)
by written agreement signed by the Vice President for Research
and Public Service and approved by the appropriate Provost.
- The
University retains a non-exclusive, royalty-free right to use
for non-commercial purposes works produced by its employees while
acting within the scope of employment even if copyright ownership
is ceded to the author(s).
- The
University may assign its copyright ownership for purposes of
commercialization.
ELABORATION
- "Significant"
University Resources
- The
use of University resources is "significant" when it entails substantial
and dedicated use of University equipment, facilities, or personnel.
The use of a computer in a faculty office, incidental supplies,
and occasional use of University personnel or shared facilities
would typically not be considered significant use. In contrast,
utilization of University laboratories or special instrumentation,
dedicated assistance by University employees, special financial
assistance, or extensive use of shared facilities would constitute
significant use.
- Sponsor-Supported
Effort
- Funds
and facilities provided by governmental, commercial, industrial,
or other private organizations which are administered and controlled
by the University shall be considered University resources for
purposes of this policy.
- Sponsors
and Contracts
- When
under the terms of a contract with the University a sponsor obtains
copyright ownership in any copyrightable work that may result
from the sponsored effort, that contract takes precedence over
this policy. If the sponsor does not assert an ownership interest,
copyright ownership vest with the University as provided in this
policy.
RESPONSIBILITIES
- Vice
President for Research and Public Service
- The
Vice President for Research and Public Service is responsible
for the implementation and administration of this copyright policy
and for securing and marketing copyrights in the University's
name and shall:
- Develop
standards and procedures appropriate for the implementation
of this policy.
- Determine
if significant University resources have been used in the
creation of a copyrightable work.
- Determine
whether and under what conditions to cede copyright ownership
to the author(s) of a work owned by the University under this
policy. Promptly advise authors of decisions regarding copyright
ownership.
- Determine
whether copyrights owned by the University are marketable,
and if so, ensure that appropriate marketing steps are taken
on behalf of the University.
- Establish
guidelines for distribution of royalties when the University
owns a copyright.
- Distribute
royalties accruing to the University as a result of the implementation
of this policy.
- Make
a finding as to ownership in any case where the rights of
the University and of an employee appear to be in conflict
and report such finding to the appropriate Vice President
and Provost for final resolution.
- The
Vice President and Provost
- Within
their designated areas of responsibility, the Vice President and
Provost of the University and the Vice President and Provost of
Health Sciences shall:
- Approve
standards and procedures developed by the Vice President for
Research and Public Service for implementation of the copyright
policy.
- At
the written request of an aggrieved party or on the Provost's
own motion, review determinations by the Vice President for
Research and Public Service of ownership of a copyright.
- Affirm,
modify, or reject determinations of copyright ownership made
by the Vice President for Research and Public Service, or
make such determinations outright if the Vice President for
Research and Public Service does not resolve the matter in
a timely manner.
- Conduct
an annual review of the copyright program with the Vice President
for Research and Public Service.
- II.A.
Vice President's Remarks
- ACTION
REQUIRED: None
-
The Vice President and Provost will utilize this portion of the
Educational Policy Committee meeting to inform the Board of Visitors
of recent events which do not require formal action, but of which
they should be made aware.
- II.B.
Faculty Senate Update
- ACTION
REQUIRED: None
-
The Chair of the Faculty Senate will use this portion of the Educational
Policy Committee meeting to brief the Board of Visitors about
recent events which do not require formal action, but of which
they should be made aware.
-
- MORE MEETING INFORMATION
PAST MEETINGS
PUBLIC MINUTES
|
