6/30/2005 revised
9/16/2005

APPENDIX H

DETERMINATION OF RIGHTS IN COPYRIGHTABLE MATERIALS
AT THE UNIVERSITY OF ALABAMA

It is the policy of The University of Alabama to encourage the creation of copyrightable works by its faculty, instructors and graduate assistants. Such works are an important contribution to the University’s pedagogical, scholarships, and public service missions.

  1. Ownership of Copyright
    2.
    1. Except as provided below, faculty, instructors and graduate assistants of the University who are the authors of copyrightable works shall own the copyrights in those works.
    2. Copyrightable works" includes, without limitation, textbooks, textbook-related software, digital course materials, multimedia, films and videotapes, in so far as they fall within the subject matter of copy right. To the extent that such works embody patentable inventions, rights to those inventions shall be determined by The University of Alabama Patent Policy (Faculty Handbook, April 1999, Appendix G), or as the same is amended.)
  2. Exceptions
    3.
    1. If the University contributes extraordinary resources to the creation of a copyrightable work, the respective rights of the author and University to that work shall be negotiated at the time such resources are provided. "Extraordinary resources" means facilities, equipment, funding, release or re-assigned time or other assistance exceeding the resources normally provided to faculty or employees in a particular department. It shall be the responsibility of the dean or department chair at the time such "extraordinary resources" are provided, to notify the faculty member and negotiate the terms. Those terms may include assignment of copy right, license of rights, or division of royalties.
    2. If a copyrightable work is funded, in whole or part, by a contract, grant or other sponsored agreement from an agency outside the University, copyright shall be assigned in accordance with the terms of the contract, grant or other sponsored agreement.
    3. If a copyrightable work is commissioned by the University, meaning that a faculty member, instructor or graduate assistant receives supplemental compensation from the University to prepare a specific copyrightable work or if the University assigns one or more faculty members, instructors or teaching assistants to prepare a specific copyrightable work, the University shall have the royalty-free right to use, update, reproduce distribute, display, and transmit the copyrightable work. Other rights of the faculty member, instructor or teaching assistant and the University , such as licensing rights, assignment of copyright, and division of royalties, shall be negotiated on a case-by-case basis, consistent with The University of Alabama General Terms and Conditions Regarding Development and Use of Distance Learning Instructional Materials or other applicable University policy.
    4. Copyright in "institutional works" shall be owned by the University. An "institutional work" means either (a) a work prepared at the direction of the University for the use of the University in conducting its own affairs (for example, University handbooks, press releases, videotapes, and software tools); or (b) a work that cannot reasonably be attributed to a single author or group of authors because it is the result of contributions or revisions by numerous faculty members, employees, or students of the University. Terms of compensations and use of materials should be clarified at the initiation of the work in accordance with B1.
    5. Prerecorded or digital courses shall not be sold, leased, rented or otherwise used by a current University employee in a manner that competes in a substantial way with the offerings of the University, unless that transaction has received the prior approval of the Office for Academic Affairs.
    6. Any copyrightable work of potential commercial value shall be disclosed at the earliest practicable time by the author to the author’s department chair or immediate administrative supervisor. For those works that are owned by the University or in which the University has an interest, the author shall cooperate with officials of the University and of any organization to whom the University assigns rights to such works in the registering of copyrights as well as in licensing the works.
  3. Administration
    1. Except as otherwise set forth, the administration of these policies shall be the responsibility of the Office for Academic Affairs.
    2. The Copyright Committee shall be a standing committee composed of six members, equally apportioned between faculty (chosen by the Faculty Senate) and administration (appointed by the president and his/her designee).

      3. The Committee shall:

      1. serve as a forum for discussion of University copyright policy, and recommend changes as appropriate, and
      2. mediate any disputes over copyright issues that may arise.