9.05.2 Policy.
1. Summary of the Copyright Policy. In order to meet the preceding various objectives, this policy allocates the ownership of copyrightable works created by faculty, staff, and students. Consistent with academic tradition and the expressed desire to encourage dissemination of the results of scholarship and research, the University agrees that in most cases, individual Creators of copyrightable works of scholarship, research, or pedagogy, as well as Creators of original works of art and literature, typically will hold personal copyright ownership of those works. The policy also specifies a limited body of works that will be owned by the University. In some cases, "individual" ownership might be distributed over a group of joint authors or Creators. In other cases, an individual or group of individuals might hold joint ownership with the University. Guidance on the use of other's copyrighted material is contained in the University Copyright Use Policy.
2. Application of the Copyright Policy.
a. Individual ownership of copyrights. The University does not claim ownership of copyright in pedagogical, scholarly, artistic, or research works regardless of the mode of expression except when a work is described in section [9.05.2.2.b] below. Therefore, in those instances where the University does not claim ownership of a copyright, the copyright will be owned by those defined as authors or Creators under copyright law unless there is a contrary contractual or statutory obligation. This disclaimer of University ownership interest in copyright materials applies to faculty and staff employees of the University, postdoctoral scholars, and to students when the works are created in the course of their educational pursuits. However, for works created by a student solely in the course of the student's employment by the University, the University may claim ownership if section [9.05.2.2.b.(v)] applies. The University claims no ownership of copyright in any work created outside the scope of any employment within the University. By way of illustration, see [9.05.4.4-6] below, Cases C4 through C6.
The University understands that academic authors may be asked to assign to a publisher the personal copyright ownership in works treated in this section of the policy. The University encourages academic authors to seek to retain such personal ownership in the articles and reports they publish in scholarly journals and equivalent publications. University policy does not encourage academic authors to seek to retain personal ownership in published works when doing so would not be feasible or when efforts to retain personal ownership would impede eventual publication of the work. The University is prepared to assist faculty members, staff members, students, and postdoctoral appointees wishing to retain personal ownership of works that may be published in scholarly journals and the like.
b. University ownership of copyrights. The University has ownership, or the right to obtain ownership by assignment, of copyright in:
(i) Any particular and identifiable work created pursuant to either an oral or written agreement between the Creator and the University (see [9.05.4.7] Case C7);
(ii) Works created in the context of carrying out administrative duties for the University (see [9.05.4.9] Case C9);
(iii) Any work created by a team of faculty, staff, postdoctoral scholars, and/or students of such size or over such an extended period of time that determination of a discrete number of Creators would be impossible, impractical, or potentially unfair (see , [9.05.4.10] Case C10);
(iv) Any work created under the terms of a contract or other binding agreement with an entity, other than the University, when such contract or agreement requires University ownership of the work (see , [9.05.4.11] Case C11);
(v) Any work created with a significant use of University resources as outlined in Section 9.00, Intellectual Policy Statement, above.
For these purposes: The University may determine that it has an ownership interest in a particular copyright work developed with grant or contract funding when creation of the specific work in question was an identified objective of the grant or contract. Given this rationale, specific journal articles, monograph, or textbooks arising from grant or contract funding commonly would not be construed as identified objectives of the grant or contract but would be treated as academic benefits of having worked under grant or contract funding. In the event that creation of a copyrighted work, such as a textbook, is an identified objective of a grant or contract, the institution will make a reasonable accommodation with the author consistent with established academic tradition.
In any case where the University has the right to ownership under the provisions of this policy, the University may require all persons who are employed by the University and who might otherwise have a potential claim to such work to execute a document as a condition of their employment in which they 1) state they have no rights to the work, or 2) assign to the University those rights they may hold. Any University employee who makes an assignment of a work to the University can request and will be granted a non-exclusive royalty free license to reproduce, adapt, perform, or display the assigned work for his/her own scholarly, research, or creative purposes.
(vi) For cases not covered by 9.05.2.2.B.(i)-(v), ownership and exclusive rights to license for course materials created by an individual will reside with the Creator except as follows: For course content developed for a course for which the usual practice is to share such course content among two or more instructors (e.g., for multi-section laboratory courses), the Creator will maintain ownership of the copyright but the University will retain a license for its use within the University.
c. Disclosure. Personally owned copyright works subject to [9.05.2.2.a.] of this policy need not be disclosed. However, certain works created subject to [9.05.2.2.b.(iv)] of this policy should be disclosed. The Creator of any work in which the University may have an ownership interest under [9.05.2.2.b.(iv)] of the Copyright Policy shall disclose the work promptly in writing to the University using the disclosure form provided by that group. Such disclosure shall be made as soon as possible when any of the following criteria apply: 1) a third party has a contractual basis for asserting a right to use the work (e.g., as a consequence of a sponsored-research agreement); 2) a third party has expressed interest in obtaining rights to use the work;
3) the Creator(s) of the work believe that a third party could become interested in obtaining rights to use the work if made aware of an opportunity to do so; 4) the Creator(s) of the work wish to assert personal copyright ownership in the work and so wish to request an institutional determination of their personal standing under the terms of this policy.
In those cases when a disclosure is made in order to request a determination of copyright ownership, the University will provide a copy of the disclosure to the Dean and to the appropriate academic and/or administrative official(s) (department head, dean, or other supervisor) familiar with the circumstances in which the work in question was created. Such official(s) then in turn will provide any available information relevant to the questions of copyright ownership, rights to any proceeds, and other issues deemed relevant to the situation and prepare an assessment for the Dean. The final determination on these questions shall be the responsibility of the Dean, subject to the right of the Creator(s) to appeal any such determination to the President of the University as provided in [9.05.3.1.] below. Upon final resolution of the issues raised by the disclosure, the Creator(s) and the University, where appropriate, will execute such agreements as are necessary to document clearly the rights and responsibilities of the parties.
d. Distribution of income. The University shall receive all payments due under a license and shall distribute such earnings under the terms of this policy within 90 days from the end of the quarter in which the earnings were received. Prior to any distribution the University shall recover any out-of-pocket expenses incurred in applying for the licensed copyrights(s), maintaining the licensed copyright(s), or defending the licensed copyright(s). Also prior to any distribution under this policy, the University shall make any payments to others required by agreements, including but not limited to interinstitutional agreements for the management of jointly owned copyrights. Gross University earnings, less its out-of-pocket expenses, less payments required to others, are designated as "distributable income." Distributable income shall be allocated as outlined below. For clarity, please note the following: 1) The distribution protocols outlined do not apply to personally owned copyright but only to copyrights owned by the University on behalf of the institution; 2) in order to qualify for a share of distributable income allocated to "author(s)," an individual must have held a mutually acknowledged ownership interest in the copyright to the subject work and must have assigned any legitimate copyright ownership he or she held to the University; 3) in the event that no authors have assigned personal copyright ownership to the University, no author(s)' share will be allocated. In this case, all distributable income shall be allocated pro rata to the other recipient groups under [9.05.2.2.d.(ii)] below:
(i) The first $50,000 of distributable, cumulative income will go to the author(s).
(ii) After the first $50,000 is distributed to the author(s), any further distributable income will be allocated as follows unless income in any fiscal year triggers the conditions below:
(a) 40% of distributable income to author(s)
(b) 40% of distributable income to the University
(c) 20% of distributable income to the department from which the copyright arose
(d) Handling copyright works that may be subject to patent protections. Certain works–particularly software–are subject to both copyright protection and patent protection. In the event that a work created at the University is subject to both copyright protection and patent protection, a finding under this policy that copyright to the work will be owned by the author or authors will not obviate the University's right to claim ownership in any associated patent or patents. The University’s rights in patentable inventions are defined in the University Patent Policy (see [9.04.2.4.] above).
2. Application of the Copyright Policy.
a. Individual ownership of copyrights. The University does not claim ownership of copyright in pedagogical, scholarly, artistic, or research works regardless of the mode of expression except when a work is described in section [9.05.2.2.b] below. Therefore, in those instances where the University does not claim ownership of a copyright, the copyright will be owned by those defined as authors or Creators under copyright law unless there is a contrary contractual or statutory obligation. This disclaimer of University ownership interest in copyright materials applies to faculty and staff employees of the University, postdoctoral scholars, and to students when the works are created in the course of their educational pursuits. However, for works created by a student solely in the course of the student's employment by the University, the University may claim ownership if section [9.05.2.2.b.(v)] applies. The University claims no ownership of copyright in any work created outside the scope of any employment within the University. By way of illustration, see [9.05.4.4-6] below, Cases C4 through C6.
The University understands that academic authors may be asked to assign to a publisher the personal copyright ownership in works treated in this section of the policy. The University encourages academic authors to seek to retain such personal ownership in the articles and reports they publish in scholarly journals and equivalent publications. University policy does not encourage academic authors to seek to retain personal ownership in published works when doing so would not be feasible or when efforts to retain personal ownership would impede eventual publication of the work. The University is prepared to assist faculty members, staff members, students, and postdoctoral appointees wishing to retain personal ownership of works that may be published in scholarly journals and the like.
b. University ownership of copyrights. The University has ownership, or the right to obtain ownership by assignment, of copyright in:
(i) Any particular and identifiable work created pursuant to either an oral or written agreement between the Creator and the University (see [9.05.4.7] Case C7);
(ii) Works created in the context of carrying out administrative duties for the University (see [9.05.4.9] Case C9);
(iii) Any work created by a team of faculty, staff, postdoctoral scholars, and/or students of such size or over such an extended period of time that determination of a discrete number of Creators would be impossible, impractical, or potentially unfair (see , [9.05.4.10] Case C10);
(iv) Any work created under the terms of a contract or other binding agreement with an entity, other than the University, when such contract or agreement requires University ownership of the work (see , [9.05.4.11] Case C11);
(v) Any work created with a significant use of University resources as outlined in Section 9.00, Intellectual Policy Statement, above.
For these purposes: The University may determine that it has an ownership interest in a particular copyright work developed with grant or contract funding when creation of the specific work in question was an identified objective of the grant or contract. Given this rationale, specific journal articles, monograph, or textbooks arising from grant or contract funding commonly would not be construed as identified objectives of the grant or contract but would be treated as academic benefits of having worked under grant or contract funding. In the event that creation of a copyrighted work, such as a textbook, is an identified objective of a grant or contract, the institution will make a reasonable accommodation with the author consistent with established academic tradition.
In any case where the University has the right to ownership under the provisions of this policy, the University may require all persons who are employed by the University and who might otherwise have a potential claim to such work to execute a document as a condition of their employment in which they 1) state they have no rights to the work, or 2) assign to the University those rights they may hold. Any University employee who makes an assignment of a work to the University can request and will be granted a non-exclusive royalty free license to reproduce, adapt, perform, or display the assigned work for his/her own scholarly, research, or creative purposes.
(vi) For cases not covered by 9.05.2.2.B.(i)-(v), ownership and exclusive rights to license for course materials created by an individual will reside with the Creator except as follows: For course content developed for a course for which the usual practice is to share such course content among two or more instructors (e.g., for multi-section laboratory courses), the Creator will maintain ownership of the copyright but the University will retain a license for its use within the University.
c. Disclosure. Personally owned copyright works subject to [9.05.2.2.a.] of this policy need not be disclosed. However, certain works created subject to [9.05.2.2.b.(iv)] of this policy should be disclosed. The Creator of any work in which the University may have an ownership interest under [9.05.2.2.b.(iv)] of the Copyright Policy shall disclose the work promptly in writing to the University using the disclosure form provided by that group. Such disclosure shall be made as soon as possible when any of the following criteria apply: 1) a third party has a contractual basis for asserting a right to use the work (e.g., as a consequence of a sponsored-research agreement); 2) a third party has expressed interest in obtaining rights to use the work;
3) the Creator(s) of the work believe that a third party could become interested in obtaining rights to use the work if made aware of an opportunity to do so; 4) the Creator(s) of the work wish to assert personal copyright ownership in the work and so wish to request an institutional determination of their personal standing under the terms of this policy.
In those cases when a disclosure is made in order to request a determination of copyright ownership, the University will provide a copy of the disclosure to the Dean and to the appropriate academic and/or administrative official(s) (department head, dean, or other supervisor) familiar with the circumstances in which the work in question was created. Such official(s) then in turn will provide any available information relevant to the questions of copyright ownership, rights to any proceeds, and other issues deemed relevant to the situation and prepare an assessment for the Dean. The final determination on these questions shall be the responsibility of the Dean, subject to the right of the Creator(s) to appeal any such determination to the President of the University as provided in [9.05.3.1.] below. Upon final resolution of the issues raised by the disclosure, the Creator(s) and the University, where appropriate, will execute such agreements as are necessary to document clearly the rights and responsibilities of the parties.
d. Distribution of income. The University shall receive all payments due under a license and shall distribute such earnings under the terms of this policy within 90 days from the end of the quarter in which the earnings were received. Prior to any distribution the University shall recover any out-of-pocket expenses incurred in applying for the licensed copyrights(s), maintaining the licensed copyright(s), or defending the licensed copyright(s). Also prior to any distribution under this policy, the University shall make any payments to others required by agreements, including but not limited to interinstitutional agreements for the management of jointly owned copyrights. Gross University earnings, less its out-of-pocket expenses, less payments required to others, are designated as "distributable income." Distributable income shall be allocated as outlined below. For clarity, please note the following: 1) The distribution protocols outlined do not apply to personally owned copyright but only to copyrights owned by the University on behalf of the institution; 2) in order to qualify for a share of distributable income allocated to "author(s)," an individual must have held a mutually acknowledged ownership interest in the copyright to the subject work and must have assigned any legitimate copyright ownership he or she held to the University; 3) in the event that no authors have assigned personal copyright ownership to the University, no author(s)' share will be allocated. In this case, all distributable income shall be allocated pro rata to the other recipient groups under [9.05.2.2.d.(ii)] below:
(i) The first $50,000 of distributable, cumulative income will go to the author(s).
(ii) After the first $50,000 is distributed to the author(s), any further distributable income will be allocated as follows unless income in any fiscal year triggers the conditions below:
(a) 40% of distributable income to author(s)
(b) 40% of distributable income to the University
(c) 20% of distributable income to the department from which the copyright arose
(d) Handling copyright works that may be subject to patent protections. Certain works–particularly software–are subject to both copyright protection and patent protection. In the event that a work created at the University is subject to both copyright protection and patent protection, a finding under this policy that copyright to the work will be owned by the author or authors will not obviate the University's right to claim ownership in any associated patent or patents. The University’s rights in patentable inventions are defined in the University Patent Policy (see [9.04.2.4.] above).
Effective Date
Approved by Board of Curators: January 15, 2026