NCSU Copyright Ownership Policy Recommendations
Prepared by The Copyright Ownership Task Force
August 25, 1999
DECISION TREE
DRAFT 8/6/99
Copyright Ownership and University Use Rights for
Faculty and Certain Other EPA Professionals
1. The default position is that the creator owns copyright
with the understanding that the University reserves the right to use
the work for non-profit educational, research, and teaching purposes
(hereafter referred to as "minimal rights."
2. Is there a prior contractual agreement?
NO
"Creator" retains copyright subject to the minimal rights
of the University
YES
Copyright ownership and University use rights are subject to the terms
of the contract. Protection of the minimal University rights is strongly
encouraged in the contractual agreement.
3. Is copyright to the work being assigned or licensed
by the Creator?
NO
Creator retains copyrights subject to the minimal rights of the University
YES
Assignment of rights to another party is permitted, but the creator
must notify the assignee that the University retains certain minimal
rights in the contractual agreement.
4. Is there a use of substantial University resources
in the production of the work?
NO
Creator retains copyright with an understanding of the minimal rights
of the University to use the work for non-profit educational, research,
extension, and service purposes. The creator can commercialize the
work with no compensation to the University. Creator can request a
waiver of the University’s minimal rights.
YES
Creator retains copyright and can pursue commercialization of the
copyrighted work with an understanding that the University has both
the minimal rights as described previously as well as certain additional
rights. These additional rights include the right to pursue commercialization
in cooperation and with the consent of the Creator, the right to cost
recovery from subsequent commercialization subject to negotiation
with an upper limit of 20% per year of the total revenues derived,
the right to negotiate for a portion of revenues above and beyond
cost recovery not to exceed 20% of total revenues per year, and the
right to make derivative works and/or update or modify those works.
The creator can request a waiver of the University’s rights.
