(Fall
2000)
These
Procedures have been established by the Vice President
for Research (VPR) to implement
the Copyright
Policy of the University of Virginia, approved
by the Board of Visitors as of May 30, 1998.
The
goal of the Copyright Policy and these Procedures is
to enable the University to recover, to the extent
possible, significant University resources which may
have been utilized in the creation of a copyrightable
work. To this end the copyright to works created utilizing
significant University resources shall vest with the
University and are not included in the group of scholarly
or academic works the copyright ownership to which
is ceded to the author(s) by the Copyright Policy.
Amendments to these procedures may be made by the VPR
with approval by the Vice
President and Provost. |
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1. |
The
VPR is the only employee of the University with authority
to exclude particular works from the group of scholarly
or academic works for which copyright ownership is normally
ceded to the author(s) by the Copyright Policy. Determination
of exclusion is based on whether the work: |
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is
the result of a specific assignment |
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was
undertaken with special salary support; or |
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utilized
significant University resources in its creation. |
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2. |
The
VPR will facilitate disclosure or discovery of situations
where significant University resources may have been
utilized in creation of a copyrightable work. |
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Investigators
should be aware that use of University resources, including
support from outside agencies, dedicated to production
of a copyrightable work constitutes acknowledgment that
copyright ownership in the work vests with the University
when those recourses are significant as determined by
the VPR. |
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Authors
will report to their chair or division head as soon as
feasible, but at least by year-end, situations where
significant resources may have already been or are expected
to be utilized in creation of a copyrightable work. This
includes situations where the resources used are significant
only when considered cumulatively or where a copyrightable
work is an unexpected result of a project. |
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The
chair or division head will forward to the pertinent
dean or unit head reports from authors regarding use
of significant University resources and is expected to
require such reports from authors who the chair or division
head discovers has used significant University resources
but who has not made such reports on their own initiative. |
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3. |
Faculty
are advised to obtain from students participating without
remuneration on a project utilizing significant University
resources release of their right of ownership in the
copyright of any resulting copyrightable material. Such
students may, however, be listed on a disclosure as co-authors
of the work and share resulting revenues. Students who
are employed to work on such a project are covered by
the University’s Copyright Policy and by Federal
statues regarding "work-for-hire." |
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4. |
The
VPR has authority to register on behalf of the University
any copyright owned by the University. |
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5. |
The
VPR has authority to approve license agreements for
use of materials for which the University owns the Copyright.
Negotiation of such agreements will occur only under
direction of the VPR. |
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6. |
The
VPR may decide that the University should:
1) transfer
or turn copyright ownership of a work back to the
author; or,
2) decline to assert its ownership in a work
in
favor of the author(s).
This
decision is subject to approval by the Vice President
and Provost. |
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When
appropriate, according to SCHEV guidelines, this decision
will be forwarded to the Governor’s Office for
approval. |
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The
terms of such a transfer will be negotiated under direction
of the VPR and may specify that the University share
in any future revenue stream resulting from the work. |
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The
final transfer agreement must be approved by the VPR. |
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7. |
Revenues
resulting from University-owned copyrights shall be distributed
to the author(s), the contributing administrative units
and the Scholarly Activities Fund according to proportions
determined by the VPR and approved by the Vice President
and Provost. A table of these proportions is available
from the Office of the VPR. |
