Copyright BasicsUNC PoliciesFor Research at UNC For Teaching at UNCFor UNC Students

UNC Policies

Logging On = Consent

This is a memory test. Does this look familiar:

"This is the University of Northern Colorado’s (UNC) computer infrastructure. These resources, including all related equipment, networks and network devices, are provided for authorized UNC use only. UNC computer systems may be monitored for all official purposes.

Use of UNC’s computing infrastructure, authorized or unauthorized, constitutes consent to this policy and the policies and procedures set forth by UNC. Evidence of unauthorized use collected during monitoring may be used for administrative action and/or criminal or civil prosecution by University legal counsel and law enforcement agencies."

Every time you log in to the UNC computer system, you must agree to abide by UNC policy by clicking through the above statements. The routine is probably a daily habit for most of us, but few of us have time to think about the implications of this agreement as we commence with each day's work. Copyright law compliance is a significant part of UNC's computing policy.

Computer Use = Copyright Compliance

If you are reading this, you are using the campus computer system. When using the University's computing system, you must comply with copyright law: “Infringing upon the copyright, trademark, patent or other intellectual property rights of others in computer programs or electronic information (including plagiarism and unauthorized use of reproduction) is prohibited. The unauthorized storing, copying or use of audio files, images, graphics, computer software, data sets, bibliographic records and other protected property is prohibited except as permitted by law." [#20, Prohibited Uses, UNC Computer, Internet & Electronic Communications Procedures, http://www.unco.edu/it/aboutIT/procedures.htm#general, accessed 3/11/08]

If you are reading this, you are using the University Web Pages.  "Users must comply with all federal and state laws, contracts, software licenses and University policies and regulations and procedures, including those related to persona[sic] conduct. Web resources, including bandwidth, may not be used for commercial gain or personal profit and Web publishers must observe copyright and intellectual property laws and policy, including for photographs, music files and audio/video clips. The regulations of the Family Educational Rights and Privacy Act apply to all student information published on the web." [ #2-1, University Web Pages, UNC Computer, Internet & Electronic Communications Procedures, http://www.unco.edu/it/aboutIT/procedures.htm#general, accessed 3/11/08]

Employment at UNC = Copyright Compliance

As an employee of UNC, you are obligated to understand and comply with copyright law:

"All employees of the University shall conduct their activities on behalf of the University, including but not limited to any research or writing activities, in such a fashion so as to meet and comply with all requirements of the United States copyright laws and regulations (17 U.S.C; 37 C.F.R.). As a condition of employment, each employee agrees to accept responsibility for reading and understanding the requirements of the copyright law and the policy statement and guidelines of the University and for complying with those requirements and guidelines. In the event that a copyright infringement occurs as a result of the acts of an employee, if the employee is able to demonstrate compliance with the policy and guidelines of the University, as determined by the University, such actions shall be considered “good faith compliance” by the University and the employee shall not be required to indemnify the University for any damages, judgments, or costs which may be obtained against the University for the acts of the employee.  If, however, an employee willfully, intentionally, negligently, or without good faith violates the copyright provisions, the employee shall be solely liable for all losses, damages, judgments, and costs of whatsoever kind or nature that may be incurred. Should the University be named in any legal or equitable action arising from such wrongful infringement, the employee agrees to save, hold harmless, and indemnify the University against all losses, damages, fees (including attorney's fees), or other penalties, monetary or otherwise, that may be incurred as a result of such conduct."

 [1-1-506 Copyright Law Compliance, UNC Board Policy Manual, 9/26/2007, page 20, http://www.unco.edu/trustees/Policy_Manual.pdf, accessed 3/11/2008] 

Authors' Rights for Faculty

For policy information regarding your intellectual property rights as an author and faculty member, see the Intellectual Property Rights of Faculty section of the UNC Board Policy Manual.  Below is an excerpt, accurate as of 3/11/08.

2-3-412 Intellectual Property Rights of Faculty
2-3-412(1) Works Subject to Copyright. This policy applies to works which can be protected by copyright; have been created by a faculty member in the course and scope of employment by the University and which have been developed to impart knowledge to others in a systematic way; would in the absence of this policy be considered to be works for hire under the law, and which are not subject to a written agreement between the University and the faculty member commissioning the work which is executed prior to the creation of the work. (a) Works for Hire. In order to support creative and scholarly activity of University faculty, and in recognition of the traditional view of faculty’s interests in intellectual property created as a consequence of employment by the University, the ownership of intellectual property in any form, regardless of medium, including class materials shall be apportioned as follows between the University and the faculty member(s): (I) The University hereby assigns the copyright to such work to the author. The University shall retain an non-exclusive, non-assignable license to use the work for educational and/or research purposes with appropriate attribution to the author. The University reserves the right to use the work in teaching, scholarship and research, to control the use of the University’s name and logo in conjunction with the work, to require acknowledgement of the University’s institutional support in the creation of the work, to borrow portions of the work for use in compilations or composite works, to use the work to directly advance the mission of the institution, to require advance notice of dispositions of the copyrighted work by the author, and to make derivative works, subject to the time limitations of applicable copyright law. (II) The faculty member shall be the owner of the work, subject to the University’s license setforth above. (III) In the case of joint works which are the product of more than one faculty author in the employ of the University, the University’s assignment of its rights hereunder controls only the relationship between the University and the individual faculty member, and does not transfer the rights of one individual faculty member to another. (b) Works Not for Hire. Works completed independently by a faculty member, without reduction in faculty assignment or with a reduction in faculty assignment which are accompanied by proportional reduction in salary, without diminution of faculty responsibilities, and without use of substantial University assistance or resources, which are not created in the course and scope of a faculty member’s employment by the University, such as, but not limited to, the preparation of a textbook under contract with a publisher, remain the sole property of the faculty member creator. (c) Commissioned Works. The University may enter into a written contract with a faculty member for the creation of a work using University and/or grant resources in which the University or the external source retains ownership of the copyright of the work. Such an agreement shall: (I) be entered into prior to the creation of the work, (II) explicitly describe the work as a deliverable product under the contract, (III) specify the source of funding, which shall be distinct from the author’s regular compensation and  (IV) be entered into at the option of the author and not as a condition of ongoing employment. (d) Enforcement of Copyright. The University has no duty to the author to enforce either theUniversity’s or the author’s copyright in any work for hire.

2-3-412(2) Works not Subject to Copyright. Works created by faculty which are not subject to, and cannot be protected by, copyright are recognized by the University as valuable products of scholarship and creative activities undertaken by faculty as part of their professional activities with the University. The University encourages and rewards its discoverers and innovators who benefit society and who create significant economic resources for themselves, their research programs and the University.

[UNC Board Policy Manual, 9/26/2007, page 99-101, http://www.unco.edu/trustees/Policy_Manual.pdf accessed 3/11/2008]