UCR

UCR Policies and Procedures

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Campus Policy Number: 550-70

Ownership and Management of Copyrightable Materials Produced Under University Auspices

Policy Owner: Vice Chancellor - Finance and Business Operations
Effective Date: 10/1/1983

Revsion Date:  5/11/2011

  1. PURPOSE AND SCOPE

    The statement sets forth the procedures of the Riverside campus of the University of California for Production-Distribution Agreements as required by the policies outline in 550-20. These procedures are limited in scope to materials including computer software covered by those policies. These procedures are limited also by the terms of prior contractual agreements between the University and other individuals or parties.

  2. DEFINITIONS
    1. Specific Part of the Author's University Assignment: An activity or project for which a University employee receives released time or additional compensation, or specifically commits a portion of his or her time under the terms of a contract or grant agreement, for the purpose of preparing copyrightable materials.
      1. A faculty member's general obligation to produce scholarly works does NOT constitute such a specific University assignment.
      2. A non-academic staff member's general responsibilities under the terms of his or her employment does NOT constitute such a specific University assignment.
    2. In Conjunction with the Author's University Employment: Refers to activities or projects with are related to the author's instructional, research, public service, or other responsibilities as a University employee.

     
  3. CONDITIONS REQUIRING A PRODUCTION-DISTRIBUTION AGREEMENT

    A Production-Distribution Agreement is required when persons or organizations other than University employees use University resources or facilities, other than libraries, to a significant degree in producing and/or distributing copyrightable materials. Note that this requirement may apply to some creative works prepared by students in satisfaction of course requirements.

    A Production-Distribution Agreement is required when University employees produce and/or distribute copyrightable materials (1) under special contractual arrangements, (2) as a specific part of the author's University assignment, or (3) using University resources or facilities, other than libraries, to a significant degree.

    A Production-Distribution Agreement should be completed prior to the beginning of a project to produce copyrightable materials, and must be completed prior to any extramural distribution of such materials. Materials produced and/or distributed prior to the approval of these procedures may be made subject to a Production-Distribution Agreement, if both the author(s) and the University feel such an agreement would be to their benefit.

  4. CONTENT OF THE PRODUCTION-DISTRIBUTION AGREEMENT (See Exhibit A and Attachments.)

    The Production-Distribution Agreement should contain the following information:

    1. Description of the copyrightable materials to be produced.
    2. Identification of the principal author and other creative contributors.
    3. Assignment of responsibility for securing releases from other participants, as required.
    4. Assignment of responsibility for securing clearances for uses of materials copyrighted by others.
    5. Outline of arrangements for project financing, by fund source.
    6. Outline of arrangements for uses of University resources and facilities other than libraries.
    7. Agreement regarding the ownership of the materials.
    8. Agreement regarding the ownership of the copyright to the materials.
    9. List of credits to be incorporated in the materials.
    10. Outline of the understanding regarding control over subsequent uses of the materials.
    11. Outline of the plans for extramural distribution of the materials.
    12. Disposition of net proceeds, if any, derived from extramural distribution of the materials.
    13. Approvals by the author and University representative(s).

     
  5. REQUIRED PROVISIONS OF THE PRODUCTION-DISTRIBUTION AGREEMENT

    When copyrightable materials including computer software, are produced with University funds or facilities other than libraries, the Agreement shall provide that the materials shall be the property of the University.

    When copyrightable materials including computer software, are produced by a University employee in conjunction with his or her employment, the Agreement shall provide that the University has the right to receive a free and irrevocable license for non-profit uses of the materials in connection with the University's educational, research, and public service functions.

    When systematic extramural distribution of copyrightable materials produced by the University is to be undertaken, distribution plans shall include inviting the Instructional Media Resources Center to participate in bidding for extramural distribution rights.

  6. APPROVALS

    Following are the approvals necessary for the Production-Distribution Agreement:

    1. Author.
    2. Author's Dean or Vice Chancellor, as appropriate.
    3. Contract and Grant Officer, for compliance with applicable guidelines of extramural funding agencies, if any.
    4. Business Services Manager, for use of the University's name.
    5. Business Services Manager, for compliance with provisions of the University Copyright Policy and University Policy on Distribution of Educational Media Materials produced by the University of California.

Please Note: If you are viewing this policy electronically, please refer to the paper copy of the Policy and Procedures Manual to view Exhibit A and Attachments I & II of this policy.