- Foreword
The University of Delaware, hereinafter referred to as the University,
recognizes that its faculty and staff, as part of their normal research
and other scholarly activities, may develop materials which, in the
interest of the author and the University, should be protected by copyrights.
Accordingly, it is considered desirable to provide policies and procedures
that:
- assist faculty and staff in realizing
tangible benefits from their creative
efforts;
- establish guidelines for defining the rights
of ownership to materials produced by faculty
or staff;
- insure control of use, within the University
structure, of curriculum material developed
at the University by a faculty or staff
member;
- insure the author against loss of rights of
reproduction for noncommercial use of
material in which proprietary rights rest
with the University; and
- provide guidance for safeguarding against
loss of proprietary rights through
inadvertent public disclosure.
- General Principles
- In accordance with established custom at
institutions of higher learning, copyright
ownership of textbooks, manuscript, nonprint
materials, etc., produced by the individual
effort of the author, as well as any
royalties therefrom, accrue to the benefit of
the author. If, during the preparation of
the material, the University incurs some
incremental costs as defined in Section D.1a,
the author must reimburse the University for
these costs in order to obtain full equity in
the copyright.
- When material has been prepared under a
specific written contract, grant, or assigned
project agreement, the ownership of the
copyright will be determined by the terms of
the contract, grant, or assigned project
agreement. Assigned project is used herein
to refer to a University project covered by a
written assignment under which the assignee
is allocated time to carry out the work.
These two statements represent the basic
principles of the policy. The balance of the
policy only expands upon these principles and
presents administrative procedures.
- Administrative Responsibility and Procedures
The copyright policy is administered by the Office of the Provost.
The responsibility for the everyday administration of the policy has
been delegated to the Senior Vice Provost for Research.
Any member of the University faculty or staff who produces material
intended for publication or release shall notify his/her departmental
chairperson or division head of intent to publish, and shall provide
sufficient information to determine the equity interests of the University
where it is appropriate. The chairperson shall review this material,
considering the contractual obligations of the University and the possible
copyright value of the material. When in doubt the counsel in the Research
Office should be consulted. In the event that the University is judged
to have rights or obligations, the author shall give copyright protection
to the material in the name of the University. A copy shall then be
sent to the Senior Vice Provost for Research Office, who will register
the copyright. Any decision on rights or equity in the copyright will
be made by the Senior Vice Provost for Research after consultation with
the author.
- Rights and Obligations Of University and Author
- Works Resulting from Activities Funded within
the University.
- Where there are incremental costs to the
University associated with the
production of creative works by a member
of the University community--for
example, overtime typing costs, hiring
of extra secretarial help, costs of
tape, film, or other expendable
materials--the author shall reimburse
the University for such out-of-pocket
costs if he/she is to own the copyright.
Under these circumstances the University
will not ordinarily charge rental on
University facilities, including
equipment or space, when its use does
not interfere with other University
uses.
- The University provides support
facilities to assist faculty and staff
in strengthening existing educational
programs or in creating new ones.
Unless specifically covered by an
agreement, assignment, contract, or
grant entered into before initiation of
the work, title to such materials
remains with the author; but, in
recognition of the services provided,
the author must grant the University a
royalty-free right to reproduce and use
such works within the University.
In the case of works that result in very
substantial income to the author, it is the
custom of some universities that the author
makes a gift to the University in recognition
of the contribution to the work made by the
availability of University facilities. It is
hoped that this custom will be followed at
this University, but this decision is left to
the judgment and good will of the author, and
is not stated as a requirement or even an
expectation.
- Works Resulting from Activities Sponsored by
an Outside Agency.
Ownership of works in this category is
controlled by the terms of the grant or
contract which provides the funds in support
of the work. In the case of government
contracts or grants, the government always
retains the right to duplicate and use the
works for government purposes. Where no
obligation to convey to the sponsor exists,
all rights revert to the author with the
reservation to the University of the right of
reproduction and use in the furtherance of
its educational responsibilities.
- Works Resulting from Activities Sponsored by
the University.
Works in this category may be divided into
two classes, (a) those resulting from partial
funding by the University, and (b) those
resulting from an assigned project with total
funding by the University. Rights in these
cases are as follows:
- For materials developed with partial
University funding as defined in Section
D.1a, and when the author does not
reimburse the University for
out-of-pocket costs, joint rights to
ownership and disposition of these
materials, and sharing of any royalty
income as provided in Section F will be
negotiated between the University and
the author as stated in Section C.
- For materials developed as the result of
an assigned project with total funding
by the University, rights of ownership
abide with the University, although
title to such materials may be assigned
to the author at the option of the
University with sharing of any royalty
income as provided in Section F.
The word "funding" as used in this section
means funds from the University's resources
and also funds from outside sources
administered by the University.
In instances where title to the copyright
rests with the University, the University, in
recognition of the author's input, will
provide to the author, upon written request,
a copy of the material and the right of
duplication for the author's own use.
- Settlement of Disputes
In accordance with existing University
regulations, unreconcilable differences shall be
referred for final disposition to a three member
panel consisting of the author or his/her
representative, the Provost or his/her
representative, and a third member to be selected
from the University community by the first two
members.
- Division of Income
In situations where the University has an equity,
and income accrues either to the University or to
the author as a result of sales or merchandising
of a work, the income shall accrue to the
University, until the University has recovered its
out-of-pocket costs for securing the copyright,
advertising, printing, etc. Thereafter, the
author shall receive 75% of the income and the
University 25% of the income unless, before
royalty payments begin, some other arrangement has
been agreed upon by the parties in interest. In
computing University costs, not only incremental
costs but rental value of any major equipment
shall be included.
- Limitations
No part of this document shall abridge in any way
the rights of any interested party to remedy an
alleged breach or ruling under this policy
statement through legal action.
