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Copyright Ownership: Faculty, EPA, and Post-Docs
• When and Why Should I Consult the Copyright Committee?
• How Do I Disclose To The Copyright Committee?
• When is Disclosure to the Office of Technology Transfer (OTT) appropriate?
The NC State Copyright REG provides four categories of works created by faculty, EPA, and Post-Docs. Copyright ownership of the work is based on the work's category.
Determine the Category of Work
1. Traditional Non-Directed Work
2. Traditional Non-Directed Work created with Exceptional Use of NC State Resources
4. Sponsored or Externally Contracted Work
1. Traditional Non-Directed Work
As noted in the Copyright Ownership Law section, universities have traditionally not claimed copyright for the works created by faculty and EPA authors, although some do pursuant to the employee work for hire section of the copyright law. NC State does not claim copyright to this category of works. Such works are those historically created by faculty and are defined as pedagogical, scholarly, literary, professional, or aesthetic works resulting from on-directed effort.
Creator holds copyright; NC State holds shop right
2. Traditional Non-Directed Work created with Exceptional Use of NC State Resources
The UNC policy provides that NC State owns copyright in works created by faculty or other employee creators if the work is created with exceptional use of institutional resources. This means institutional support of traditional non-directed works with resources of a degree or nature not routinely made available to faculty or other EPA employees in a given area. More details...
NC State holds copyright; Creator holds shop right
Works that are specifically funded or created at the direction of NC State. Directed works are those works created as a specific requirement of employment or pursuant to an assigned institutional duty that may, for example, be included in a written job description or an employment agreement so as to qualify as a work made for hire. More...
NC State holds copyright; Creator holds shop right
4. Sponsored or Externally Contracted Work
Any works developed using funds supplied under a contract, grant, or other arrangement between NC State and a third party, including a sponsored research agreement.
Copyright ownership shall be as specified in the agreement. If the agreement is silent on copyright ownership, the analysis proceeds with previous three categories, except that resources supplied pursuant to the agreement do not constitute "exceptional use". If the agreement provides that NC State or a third party shall hold copyright to these works, the creator must promptly disclose to the Office of Technology Transfer (OTT) at or very close to the time the work is created. This disclosure requirement does not apply to technical reports prepared for a Sponsor or scholarly journal articles.
Step Two: When and Why Should I Consult the Copyright Committee?
1. To request an official answer to the question of ownership;
2. To request a clarification of or change in the scope of the shop right;
3. To request a recommendation on division of royalty;
4. Disclosure to the Copyright Committee is required if there is an intent to commercialize a directed work, a traditional non-directed work created with exceptional use of NC State resources, or a sponsored or externally contracted work where the creator holds copyright.
| Practice Pointer: You may always contact the Special Assistant to the Provost for Copyright Administration for assistance and clarification of the policy. Additionally, the Assistant has the authority to waive the shop right in cases where faculty are unable to publish their articles if the publisher will not accept the shop right. |
Step Three: How Do I Disclose to the Copyright Committee?
The REG instructs that you fill out this Disclosure Form and send it to your department head, who then forwards it to the Copyright Committee via the Special Assistant to the Provost for Copyright Administration. The department head should also copy the dean and the director of OTT. §6.1.5. There are times when it seems that the disclosure form only reaches the Special Assistant to the Provost.
The Special Assistant will review the form and may contact you for further information. Additionally, you are encouraged to include a cover letter with additional information about the work as well as what you are asking the Committee to decide. For example, are you asking them to determine ownership, do you believe you are the owner, are you asking them to direct royalties in a specific direction and so forth. We make every effort to place your disclosure on the next regularly scheduled Copyright Committee meeting. It is also important, but not mandatory, that you attend this meeting, either in person or by telephone, in the event there are additional questions The Committee makes a recommendation which is then sent to the Provost for final determination.
Step Four:
When is Disclosure to the Office of Technology Transfer (OTT) appropriate?
You must disclose to OTT under the following situations:
• If the work was created under a sponsorship agreement that provides that NC State or a third party shall hold copyright to works created under the agreement. This disclosure requirement does not apply to technical reports prepared for a Sponsor or scholarly journal articles. § 5.3.1.4
• When a NC State employee or student wants NC State assistance to commercialize a work for which he/she believes he/she owns the copyright, he/she should contact OTT. If OTT decides to assist, NC State and creator shall negotiate a revenue sharing agreement. §6.2.1
• If a work created by faculty or an EPA employee is owned by NC state and the work will be sold, licensed, displayed, performed, reproduced, or distributed for use outside the university, the work must be disclosed to OTT. § 6.3.1