page title NC State Copyright Regulation [REG01.25.03]
Defined Terms
• Traditional Non-Directed Works Created Without Exceptional Use of NC State Resources [5.3.1.2]
Pedagogical, scholarly, literary, professional, or aesthetic works resulting from non-directed effort. Such works may include textbooks, manuscripts, scholarly works, fixed lecture notes, distance learning materials not falling into one of the other categories of this Regulation, works of art or design, musical scores, poems, films, videos, audio recording, or other works of the kind that have historically been deemed in academic communities to be the property of their creator. [return to faculty ownership page]
For NC State means the right to use the original work in NC State programs of teaching, research, and public service on a non-transferable, perpetual, royalty, non-exclusive basis. "Shop Right" for the creator means the right to use the original work for the creator's own teaching, research, and public service on a non-transferable, perpetual, royalty-free, non-exclusive basis. A "Shop Right" does not allow one to sell rights to the work or otherwise interfere with the copyright owner's ability to commercialize the work. The shop right exists automatically unless the matter is submitted to the Copyright Committee for review.
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• Traditional Non-Directed Works Created With Exceptional Use of NC State Resources [§5.3.1.3]
Use definition above for traditional non-directed works but these are created with institutional support of a degree or nature not routinely made available to faculty or other EPA employees in a given area.
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Presumed exceptional use includes, but is not limited to:
—Waiver of fees normally required to use specialized NC State facilities (e.g., equipment, production facilities, service laboratories, special computing resources, studios) where those facilities are used in creation of the work; [§6.5.2.1]
—NC State funding or gifts specifically in support of the work's creation; [§6.5.2.2]
—Reduction in levels of teaching, service or other NC State employment responsibilities (e.g., course load, student advising, division/department meetings, office hours, administrative tasks) for the purpose of facilitating creation of the work, other than pursuant to conditions set forth in a grant. [§6.5.2.3]
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• Normal Use [§6.5.1]
Presumed normal use includes:
—Ordinary use of computers and other office equipment, laboratory or office space, libraries, secretarial services at routine levels, and professional development activities.
Directed works are 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. Such works may include those whose creation is instigated or facilitated by a unit of NC State for the express purpose of making such works available to individuals or entities other than, or in addition to, the creator(s) for use in teaching, research, public information, or other NC State activities.
NC State does not, however, claim ownership of faculty-created instructional materials or courseware merely because it requires faculty members to teach courses as part of their regular responsibilities.
Similarly, NC State does not claim ownership of faculty-initiated scholarly works based merely on general expectations that faculty members will publish such works.
Directed works also include works created by faculty or staff in an institute, center, department, or other unit that, with approval of the Provost, has adopted rules providing that copyright in materials prepared by such faculty or staff in the course of their work with that unit vests in NC State and not in its creator.
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To commercialize a work means to sell, license or otherwise transfer some or all of the intellectual property rights in a work including grants of permission or a license to use the work. However, commercialization does not include the transmission of technical reports to the sponsor or submission of scholarly journal articles for publication. "Intent to Commercialize" may be formed no later than any action taken to commercialize. [§5.3.1.3]
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Direct costs for purposes of this regulation shall include the documented cost of production, financial support for creatio of the work, sales, advertisig, distribution, licensing, costs of obtaiing patents, copyrights, stipends, release time, and any unrecovered overhead.