Common use of External Distribution Clause in Contracts

External Distribution. Where a member has copyright in multimedia instructional material, distribution external to the University shall be only by agreement between the member and the employer and shall be subject to the following: i) A fee or royalty shall be charged to third parties wishing to use the work which shall be established by agreement between the member, with the assistance of the Association if requested, and the employer. If the parties fail to reach an agreement as to such fee or royalty, it shall be set by the Intellectual Property and Copyright Committee (Article IV.7.6). ii) The employer shall not unreasonably restrain the exploitation of copyrighted works under this section. If within one (1) year of the receipt of an employee's written request for the exploitation of the recorded work, the employer has not commenced negotiations or signed a contract with the member for the exploitation of the recorded work, the employer shall be deemed to have waived any and all rights in the exploitation of the copyright of the said recorded work and shall forego all fees, royalties and other income. In this event, the employer's obligation under paragraph IV.7.4 (e) (iv) shall cease. iii) The employer shall not lend or transfer a copy of the recorded work nor allow any agent to lend or to transfer such a copy to any third party outside the University without permission from the member(s). iv) The provisions of IV.7.3(c) (vi) shall apply to multimedia instructional materials.

External Distribution. Where a member has shares with the employer copyright in multimedia instructional audio-visual material, distribution external to the University shall be only by agreement between the member and the employer and shall be subject to the following: i) i. A fee or royalty shall be charged to third parties wishing to use the work which shall be established by agreement between the member, with the assistance of the Association if requested, and the employer. If the parties fail to reach an agreement as to such fee or royalty, it shall be set by the Intellectual Property Patents and Copyright Committee (Article IV.7.6)IV.7. ii) . The employer shall not unreasonably restrain the exploitation of copyrighted works under this section. If within one (1) year of the receipt of an employee's written request for the exploitation of the recorded work, the employer has not commenced negotiations or signed a contract with the member for the exploitation of the recorded work, the employer shall be deemed to have waived any and all rights in the exploitation of the copyright of the said recorded work and shall forego all fees, royalties and other income. In this event, event the employer's obligation under paragraph IV.7.4 (eIV.7.4(e) (iv) shall cease. iii) . The employer shall not lend or transfer a copy of the recorded work nor allow any agent to lend or to transfer such a copy to any third party outside the University without permission from the member(s)member who shares interest in the copyright. iv) . The provisions of IV.7.3(cIV.7.3(d) (viiii) shall apply to multimedia audio-visual recorded instructional materials.

External Distribution. Where a member has shares with the employer copyright in multimedia instructional audio-visual material, distribution external to the University shall be only by agreement between the member and the employer and shall be subject to the following: i) i. A fee or royalty shall be charged to third parties wishing to use the work which shall be established by agreement between the member, with the assistance of the Association if requested, and the employer. If the parties fail to reach an agreement as to such fee or royalty, it shall be set by the Intellectual Property Patents and Copyright Committee (Article IV.7.6)IV.7. ii) . The employer shall not unreasonably restrain the exploitation of copyrighted works under this section. If within one (1) year of the receipt of an employee's written request for the exploitation of the recorded work, the employer has not commenced negotiations or signed a contract with the member for the exploitation of the recorded work, the employer shall be deemed to have waived any and all rights in the exploitation of the copyright of the said recorded work and shall forego all fees, royalties and other income. In this event, event the employer's obligation under paragraph IV.7.4 (e) (iv) shall cease. iii) . The employer shall not lend or transfer a copy of the recorded work nor allow any agent to lend or to transfer such a copy to any third party outside the University without permission from the member(s)member who shares interest in the copyright. iv) . The provisions of IV.7.3(cIV.7.3(d) (viiii) shall apply to multimedia audio-visual recorded instructional materials.