Between CCFT & the Cabrillo Community College District
July 1, 2007 through June 30, 2010
Article 24
Intellectual Property Rights
- 24.1 Intellectual Property Rights
Cabrillo Community College District recognizes
the need to adopt and maintain an Intellectual Property Rights policy that
encourages faculty and staff
to engage in the production of scholarly works, creative publications, and
technology-based materials. Inherent in these policies are the following
general assumptions:
- a. That the rights of faculty, staff, and the District need to be fairly
balanced through mutual agreement.
- b. That the following definitions regarding copyright, royalties, and utilization
of all materials will be consistent with the promotion of academic freedom
and "fair use" guidelines.
- c. The District is not interested in entering into agreements for the
express purpose of achieving a financial gain. The District is interested
in receiving
fair compensation for use of public resources employed in creation of
such works.
- 24.2 Copyright Ownership
- 24.2.1 The right to claim copyright shall be determined in the following
manner:
- a. The right to copyright the material will belong to the faculty or
staff member responsible for its creation. The District may claim the
right to
copyright materials if the District specifically commissioned it.
- b. A faculty or staff member may claim the right to copyright any material
created outside of the faculty or staff member's employment with the
District. If this creation involves use of District equipment or supplies,
the faculty
or staff member shall retain the right to copyright the material, but
shall reimburse the District for the cost of production.
- c. The District and the faculty or staff member may agree to share
the right to copyright materials if the work is created by the faculty
or staff
member and the District contributes services, staff, or financial resources
necessary for completion. This will be accomplished through a separate
contract at the time the project is initiated. Faculty and staff should
consult with
their respective bargaining agent before entering into the contract.
- d. If District funding is provided to allow instructors to develop
online materials for their courses, these online versions will be based
on currently
developed material and, therefore, on material currently owned and copyrighted
by the instructors. In such cases, the instructor shall own the copyright
of the developed online materials, and agrees to give the District a
non-exclusive license to use the developed materials. The instructor
has the right to provide
or teach similar courses at other institutions using the developed materials,
and Cabrillo College has the right to share the developed materials with
other instructors at the college.
- 24.3 Copyright Registration
- 24.3.1 Responsibility for official registration
of copyright will lie with the owner of the copyright. In those cases
where there is shared ownership,
the District will be responsible for filing for both parties for registration
of copyright.
- 24.4 Royalties and Distribution Rights
- 2.4.1 The ownership of copyright determines royalty distribution rights.
- a. When faculty or staff members have full copyright ownership,
they retain full royalty distribution rights.
- b. When the District has full copyright ownership, it retains full
royalty distribution rights.
- c. If the District and the faculty or staff member share copyright
ownership, royalty distribution rights will be as follows:
All royalties or profits will
be distributed to reimburse the copyright owners for documented expenses
related to the creation and production of
the materials. Any remaining royalties or profits will be distributed
according to the terms of a separate contract.
- 24.5 District Use of Copyrighted Materials
- 24.5.1 If the District wishes to videotape, broadcast or televise any
classroom, laboratory, or other instructional activity, it will first
obtain the written
permission of the faculty or staff member.
- 24.5.2 Before the District enters in to any agreement for commercial
redistribution of an instructional activity performed by the faculty
or staff member as
part of their employment with the District, the District will first obtain
written permission of the faculty or staff member. Any royalties or profits
will be distributed according to the terms of a separate contract.
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