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FAQ: NC State Copyright REG01.25.03
The current NC State Copyright Regulation was significantly revised in 2005 and 2008. Its intention is to clarify ownership determinations but questions are expected.
Here are some to begin with--
Q: I have read the policy and The NC State Answer and I am still uncertain who owns the work in question. What should I do?
A: Campus resources that may be able to provide additional insight into ownership questions include the Office of Legal Affairs, the Office of Technology Transfer, and the Special Assistant to the Provost for Copyright Administration. However, a definitive determination of copyright ownership begins with the Copyright Committee and the required disclosure and ends with the Provost's decision which is final.
Q: Is the Copyright Committee's determination of ownership binding and/or final?
A: No. The Copyright Committee investigates the circumstances surrounding the creation of the work and makes a recommendation to the Provost who then makes a determination of ownership. The Copyright Committee has exclusive jurisdiction to hear copyright ownership questions.
Q: Can the ownership status of a work be changed by mutual consent? For example, suppose NC State is entitled to the copyright of a work but doesn't want it. Can the creator have it?
A: Almost all scenarios are possible under this policy. That is, most situations are negotiable and NC State and its members should work together to achieve the scenario that works best.
Q: How long will it take to get a determination of copyright ownership?
A: The Copyright Committee currently meets approximately every month during the academic year and considers copyright ownership questions in the order submitted. Providing complete information on the disclosure form expedites the process and minimizes the additional information the Committee may require before being able to make a recommendation. The more familiar you are with the policy and, therefore, the factors influencing the recommendation, the more likely you are to provide pertinent information. Clearly elucidating the question(s) being presented to the Committee will also help. For example, the question may pertain only to the royalty split rather than ownership itself.
Q: Who owns a distance education course?
A: The ownership of the copyright to works created and used in distance education endeavors at NC State will depend upon multiple factors including the employment status of the creator, the origin and nature of the work created, and the source of the resources used in the creation.
Q: Who owns works I create on my "own time" on my own computer?
A: The location and time of day a work is created is less determinative of copyright ownership than the factors previously listed, i.e., employment status of the creator, relationship of the work to the scope of employment, the origin and nature of the work created, and the source of the resources used in the work's creation.
Q: If I own the copyright to my online course rather than the University, who will be legally responsible if materials I post infringe the copyright of another?
A: It is not clear whether the University would be legally liable, but the online course owner would probably be named as the primary infringer.
Q: Do I have to disclose my book or other scholarly work if I haven't used any exceptional resources?
A: Works falling within the Traditional Non-directed Work category are not required to be disclosed.
Q: Should I (can I) be present at the Copyright Committee meeting where my disclosure is discussed? Who else should attend?
A: Yes, you are encouraged to attend, in person or by phone. Anyone else you think has an interest in the outcome can also attend. Copyright Committee meetings are subject to the open meetings law.
Q: If I attend the LTS Summer Institute to learn how to put my course online, does that constitute exceptional use?
A: It did not in the one case the Copyright Committee had with this scenario.
Q: Are DELTA grants & LITRE grants considered exceptional use?
A: Yes.
Q: What is an example of a directed work?
A: The Copyright Committee has found very few works that are directed works. Both were instructive tutorials created by multiple individuals in the Office for Equal Opportunity.
Q: What if unpaid students in my class, as part of the course requirements, contributed creative expression to the work?
A: Based on this information, the students would be joint copyright owners.
Q: If I create a course that NC State owns by operation of this policy, can I use it at another university?
A: Assuming that you had a shop right to the course, you could use the original work at another university.
Q: If I am an NC State faculty member, and if NC State owns the copyright to another course on campus, created by another faculty member, can I use it?
A: The usual practice is to request use from the creating faculty member. The Copyright Committee has never addressed a situation where this was done and permission was refused.