Common use of Works Covered Clause in Contracts

Works Covered. 26.3.1 Types of works whose ownership and use are covered by this Article. This Article identifies the copyright ownership of works created by faculty members in connection with the courses they teach, or other duties they perform as faculty members, while they are employed by the District and in connection with their employment; and it addresses the use of those works by faculty members and the District. 26.3.2 Types of works not covered by this Article, and consequences of not being covered. This Article does not cover all works created by faculty members, even if those works are in some sense related to their duties. For example, it does not cover works created primarily for purposes that are separate from a faculty member's teaching or other duties as a faculty member (works not made for hire), such as: novels, even if written by faculty members who teach literature; business books, even if written by faculty members who teach business; art works, even if created by faculty members who teach art; or music, even if composed by faculty members who teach music. Also, this Article does not cover works created by faculty members for their own personal use that are not intended to be distributed to others, even if created in connection with their duties, such as a faculty member's personal lecture notes. The copyrights to works that are not covered by this Article shall not be owned by the District under paragraph 26.4.2.1 below, and the District is not authorized to use such works under paragraph 26.5.1.2 below.

Works Covered. 26.3.1 Types of works whose ownership and use are covered by this Article. a. This Article article identifies the copyright ownership of many works created by a faculty members member in connection with the courses they teachhe/she teaches, or other duties they perform he/she performs as a faculty members, member while they are he/she is employed by the District and in connection with their his/her employment; and it addresses the use of those works by faculty members and the District. 26.3.2 Types of works not covered by this Article, and consequences of not being covered. b. This Article article does not cover all works created by faculty members, even if those works are in some sense related to their duties. For example, it It does not cover works created primarily for purposes that are separate from a faculty member's ’s teaching or other duties as a faculty member (works not made for hire)member, such as: novels, even if written by faculty members who teach literature; business books, even if written by faculty members who teach business; art works, even if created by faculty members who teach art; or music, even if composed by faculty members who teach music. Also, this Article . c. This article does not cover works created by faculty members for their own personal use that are not intended to be distributed to others, even if created in connection with their duties, such as a faculty member's ’s personal lecture notes. . d. The copyrights to works that are not covered by this Article article shall not be owned by the District under paragraph 26.4.2.1 Section 28.4.2a below, and the District is not authorized to use such works under paragraph 26.5.1.2 Section 28.5.1b below.