Common use of Works Clause in Contracts

Works. 17.2.1 The Author of the Work shall be the owner of Copyright in the Work notwithstanding it was produced in the course of University activities and/or making use of University Resources, subject to the following exceptions: a) Provided that the Employer advises the Member of his/her right to consult the Association prior to the execution of any agreement, the University shall own copyright in works resulting from an additional appointment, such as those prepared by a Member for distance, extended or continuing education, or other works (other than substantive course material normally delivered by a Member) beyond the Member’s normal workload for which the Member receives compensation in addition to his/her base salary rate pursuant to a written agreement. In cases where a Member uses or adapts material in which the Member already holds copyright, such as previous course materials or other works, the University shall only have a copyright in the adapted work and shall advance no claim to the source material from which the work was adapted. Appointments under this clause are voluntary; b) The University and the Author shall share ownership of Copyright in any computer program or software that is embedded in an invention, such that the computer program or software is required for the use and/or Commercialization of the invention. The degree of ownership and net revenue shall be determined in accordance with 17.3. c) The University or a third party may own or have a license to use Copyright in Works written or created pursuant to a written agreement with a third party to which a Member is privy, provided the Employer advises the Author of his/her right to consult with the Association prior to the Author’s execution of a written agreement and obtains the Author’s prior written consent; d) The Author may voluntarily assign or license his/her interest in a Work to the University, provided the Employer advises the Author of his/her right to consult with the Association prior to execution of the assignment or license.

Works. 17.2.1 Author is the owner of Copyright; exceptions 14.2.1 The Author of the Work shall be the owner of Copyright in the Work notwithstanding that it was produced wholly or partly in the course of regular University activities duties and/or making use of University Resources, subject to the following exceptionsfollowing: (a) Provided that the Employer University advises the Member of his/her right to consult the Association prior to the execution of any agreement, the University shall own copyright Copyright in works resulting from an additional appointment, such as those prepared by a Member for distance, extended or continuing education, or other works Works (other than substantive course material normally delivered by a Member) beyond the Member’s normal workload for which the Member receives compensation in addition to his/her base salary rate pursuant to a written agreement. In cases where a Member uses or adapts material in which the Member already holds copyright, such as previous course materials or other works, the University shall only have a copyright in the adapted work and shall advance no claim to the source material from which the work was adapted. Appointments under this clause Such appointments are voluntary; (b) The University and the Author shall share ownership of jointly own Copyright in any computer program or software that is embedded in an invention, jointly owned by the University and the Author such that the computer program or software is required for the use and/or Commercialization of the invention. The degree of ownership and net revenue Such computer program or software shall be determined in accordance with 17.3.subject to the provisions of Section 14.3 of this Article (Other Intellectual Property); (c) The University or a third party may own or have a license licence to use Copyright in Works written or created pursuant to a written agreement with a third party to which a Member is privyparty, provided the Employer University advises the Author of his/her right to consult with the Association prior to the Author’s execution of a written agreement and obtains the Author’s prior written consent; (d) The Author may voluntarily assign or license licence his/her interest in a Work to the University, provided the Employer University advises the Author of his/her right to consult with the Association prior to the execution of the assignment or licenselicence. 14.2.2 Provided the University advises the Member of his/her right to consult with the Association prior to entering into an agreement, the University and the Member may enter into an agreement, to be executed prior to the commencement of the Work, to allow for the revenue sharing and/or recovery of costs incurred by the University arising from providing the Member with University funds, services, facilities, support and/or technical personnel above and beyond the University Resources normally provided to Members for the creation of the Work. Such agreements shall be voluntary. The cost recovery shall be derived from the Net Revenue generated by the Work. 14.2.3 Where an Author has copyright over Works created in the course of performing his/her regular University duties, the University has a non-exclusive, royalty- free, indivisible and non-transferable right to use such Intellectual Property for archival and internal non-commercial, administrative, educational and/or research purposes for eighteen (18) months commencing the date the University gives the Author notice (except in sub-section 14.2.3(c) below) that it is exercising its right as described herein or such longer period as agreed to by the Author. This use: (a) Does not imply a right to transfer, licence, or Commercialize such Works, but the University has the right to use such Works for internal educational purposes; (b) Does not extend to lectures, course notes, laboratory notes, or laboratory manuals, regardless of format or method of delivery, individual course websites created by a Member, examinations created by a Member, and other Works prepared by a Member and intended for use only by the students registered in the Member’s course except that: (i) In multi-section courses or laboratories where more than one Member created the Work, or the Work was created for more than one section of a multi-section course, and due to exigent circumstances arising from the Member’s inability to deliver the entire course, the University may continue to use the Work in the Member’s faculty or school for the balance of the academic year, and a maximum of one further academic year; (c) Does not apply to Works in progress (which includes drafts and preliminary versions and other forms of creative activity that have not been accepted for publication), except that nothing in this sub-section shall affect or diminish the provisions of sub-section 14.2.3(b)(i); (d) Is subject to the Copyright requirements of academic journals and other vehicles of scholarly dissemination and the University shall not interfere with the Member’s right to enter into an agreement to publish or otherwise disseminate such Works. 14.2.4 Where the University owns Copyright in the Work, the Author shall retain: (a) The right of first refusal to revise, rework or otherwise edit or amend the Work when reasonably necessary as determined by the University. The Author may, on his/her own initiative, request the opportunity to revise the Work; (b) The right to be identified with the Work unless the Author, at his/her sole discretion elects, in writing, not to be identified with the Work; (c) The right to use any course material in his/her teaching and research at this or another University, or educational institution, provided that the Author does not transfer, licence, or sell such course material without the prior written consent of the University; (d) The right of first refusal to teach courses based on the Work, subject to satisfactory performance. 14.2.5 The Author has no obligation to Commercialize a scholarly work or to provide commercial justification for it. 14.2.6 The Author is not required to disclose to the University his/her intention to publish or otherwise disseminate a Work owned by the Author. 14.2.7 Subject to 14.2.1(d) and 14.2.2, the University shall not be entitled to revenue earned from Commercialization of a Work owned by the Author. 14.2.8 The University shall endeavour to protect the Member’s moral rights and shall not enter into any agreement with a third party waiving the moral rights of a Member without advising the Member of his/her right to consult with the Association prior to the Member executing any agreement and obtaining the Member’s written consent. 14.2.9 Prior to signing an agreement with the Author to waive the Author’s right, title or interest to Work, the University shall advise the Author of his/her right to consult with the Association. When the University has entered into such an agreement with the Author, it shall inform the Association of the date of the agreement and the name of the Author. 14.2.10 The University shall not impose conditions without just cause on an Author that restrict the rights of an Author to publish the results of his/her research without undue delay, except with the Author’s consent. 14.2.11 The provisions of this Article do not apply to Works created outside regular University duties without making use of University Resources. Copyright to such Works belongs unconditionally to the Author.