Supplemental Information Print this PDF

Name: Copyright Policy
Responsible Office: Board of Trustees

Applies to: (examples; Faculty,Staff, Students, etc)

Faculty , Staff , Students , Contractors_Vendors

Policy Overview:

Issued: 03-16-2016
Next Review Date: 03-16-2019
Frequency of Reviews: Annually

Copyright law protects the tangible expression of original works of authorship. Ideas are not protected under copyright but may be protected under patent law if they meet the criteria for a patent. Copyright owners have certain exclusive rights to reproduce works, make derivative works, and disseminate works through performance, display, distribution, sales and licensing. These rights are limited by some exceptions, including "fair use" of insubstantial portions of copyrighted materials for teaching and other academic purposes. This policy sets forth the rights and responsibilities of St. Louis College of Pharmacy ("STLCOP"), its faculty, students, and employees in their roles as members of the STLCOP community in creating and using copyrighted works. The copyright policy is subject to STLCOP policies addressing conflicts of interest, conflicts of commitment, and patents.

This policy applies to all faculty, staff, students and third-parties who use the College's facilities or resources.


Details:

Introduction

STLCOP encourages faculty, staff, and students to be creative in their teaching, research, scholarly and artistic endeavors, patient care, and work activities to advance their careers and reputations and contribute to the reputation and prestige of STLCOP.  STLCOP's policy on copyright ownership establishes guidelines on copyright ownership, use, and revenue sharing that are reasonable and appropriate to compensate Creators and support copyrightable works by STLCOP.

Scope

This policy shall apply as a condition of employment or study to all STLCOP faculty, staff, and students including without limitation, members of the faculty and staff holding appointments at or employed by STLCOP.  Additionally, this policy is also applicable to all persons, including research collaborators, visiting researchers, consultants, and contractors who are not employed by or affiliated with STLCOP whose copyrighted works result, in whole or in part, from the use of STLCOP facilities or resources.

Scholarly Works

STLCOP supports faculty use and dissemination of works of original authorship by recognizing faculty copyright ownership of scholarly and artistic works such as books, monographs, journal articles, abstracts, musical compositions, and artwork, in whatever format they are created, print or electronic, regardless of any STLCOP resources used in whole or in part to create them.

Faculty, teaching assistants, and graduate assistants also own copyright to pedagogical materials, including materials in electronic format or posted to a website, that they develop in the regular course of their teaching duties using resources ordinarily available to all or most faculty members (as described in the section of this policy concerning Use of Substantial STLCOP Resources), with the exception of the following: (1) course syllabi; (2) course proposals; and (3) lectures and related original materials created pursuant to an express, written work for hire agreement between STLCOP and the faculty member. Copyright to works created by a teaching assistant or graduate assistant at the direction of a faculty member or STLCOP typically will be owned by the faculty member or STLCOP.

Students typically will own the copyright to works created as a requirement of their coursework or degree program. As a condition of matriculation, students grant STLCOP an irrevocable license, at no cost to STLCOP, to use student works for pedagogical, scholarly, and administrative purposes.

The faculty and the administration recognize that technology and innovation will continue to impact future modalities and methods of instruction and learning. As technologies change, the norms for delivering educational content and materials will also change. STLCOP and the faculty member will enter into a specific written agreement regarding compensation and copyright ownership of any copyrightable materials developed in connection with courses that are delivered through emerging technologies adopted at STLCOP.

All persons covered by this policy grant STLCOP an irrevocable license, at no cost to STLCOP, to use copyrightable materials that they have created and used as part of their STLCOP activities whenever they are unable to perform their duties and for other non-commercial and administrative uses such as accreditation, assessment, and emergency or humanitarian purposes. Additionally, any person who voluntarily separates from employment with STLCOP grants STLCOP a limited license to use such copyrighted materials for the purpose of education and research, at no cost to STLCOP, for the lesser  of the following period: (1) the remainder of the academic year in which the person departs STLCOP plus the following academic year and interim summer sessions, or (2) eighteen (18) months from the date of STLCOP's receipt of a written notice of resignation. STLCOP will provide appropriate attribution and notice that Copyright ownership in the materials is held by the Creator.

Subject to the traditional freedom to publish scholarly and artistic works, STLCOP owns the copyright to works created by faculty, students, staff, and visitors as follows:

    • Works created at STLCOP's direction, unless STLCOP enters into a written agreement or establishes a written policy that provides otherwise
    • Works created by staff within the scope of their employment
    • Works created by students in their capacity as employees of STLCOP
    • Works created as a result of external funding where the terms of the funding require that copyright be in the name of STLCOP

With the exception of traditional scholarly and artistic works as noted above, STLCOP also may elect to own the copyright to works created using substantial STLCOP resources (as described in the section of this policy concerning Use of Substantial STLCOP Resources).

Copyrightable works that also qualify for protection under patent laws as inventions or discoveries or that arise from matters that also are covered by STLCOP's patent policy, shall be owned by STLCOP and governed by STLCOP's patent policy, unless STLCOP elects not to file a patent application or otherwise commercialize information that has been disclosed to it, or unless STLCOP assigns its rights in the invention or discovery to the creator. STLCOP claims no ownership of copyright to un-patentable software unless the software was created at STLCOP's direction, made use of substantial STLCOP resources, or was created by non-faculty employees working within the scope of their employment.

Rights pertaining to copyright ownership may be allocated or shared with others. Works created collaboratively by students, staff, faculty, and/or others may be owned in whole or in part by STLCOP if they fall within one of the categories described above. When works are created collaboratively with other entitles or institutions, STLCOP's interests and rights in such works shall be recognized and protected consistent with this policy.

Individuals who are not regular employees are routinely engaged by various STLCOP units to prepare specific works which support the functions of the unit and STLCOP. For the unit and STLCOP to retain control of such a work for all purposes, copyright law requires that the individual execute both a written agreement known as a work for hire agreement and an assignment of copyright with respect to the work. Accordingly, when consultants or contractors are retained the consultant or contractor should execute an agreement which includes the required assignment prior to the work being performed. Consult with the General Counsel for assistance.

In cases where STLCOP owns the copyright, STLCOP ordinarily will recognize that faculty Creators have: recognition of their contribution as Creators; the first opportunity to make revisions of the work (subject to reasonable deadlines and peer review); the right to request a revision or update; the right to have their names removed from a work; and the right to use the work in professional contexts, such as expert witness testimony and consulting, provided the use of such work does not result in a conflict of interest.

STLCOP also will consider written requests by the Creators of works to which STLCOP may assert copyright ownership by virtue of this policy to transfer copyright of the work to the Creator. A non-exclusive, royalty-free license will be extended to the Creator if STLCOP has not taken affirmative steps to use the works within one (1) year after receiving notice of creation of the works from the Creator. Creator will not use the works covered by the license in any manner that competes with STLCOP without STLCOP's written approval and a written agreement covering mutually agreed upon financial terms. STLCOP may also require the Creator to reimburse STLCOP for all or a portion of the College's resources expended to support the creation of the works. STLCOP will act expeditiously in considering such requests.

In cases where the creator owns the copyright, the creator is encouraged to acknowledge, in a form appropriate to the nature of the work, STLCOP's support in the creation of the work. STLCOP retains exclusive rights to determine whether STLCOP's name or logos, including those of any unit of STLCOP, may be used in the provenance of the work, although the name of STLCOP or unit may be used to identify the affiliation of the creator. STLCOP's name shall not be used in a manner that suggests endorsement or commercial association.

In the interest of the broadest dissemination of new knowledge for the public good, STLCOP supports and encourages creators who assign their copyright to retain the right to use their work within STLCOP for educational, research, and public service, and to retain the right to make their work available in publicly accessible electronic archives.

Use of Substantial STLCOP Resources

The use of substantial STLCOP resources refers to the use of STLCOP funds, facilities, equipment, or other resources not ordinarily available for all or most faculty members. Use of substantial STLCOP resources may include research funding, payment of salary from restricted funds, paid or release time awarded to support the creation of the copyrightable work, use of STLCOP laboratories, computers for modeling or special instrumentation, and dedicated assistance by STLCOP employees. This is a listing of examples which in particular circumstances may constitute the use of substantial resources; the list is not intended to be exhaustive nor would use of resources in these categories always constitute use of substantial STLCOP resources.

Exceptions may occur in situations where creators use STLCOP facilities and resources in the creation of works of artistic imagination.

Use of any or all of the following resources ordinarily available to all or most faculty are not considered "use of substantial STLCOP resources:" academic year salary and benefits, salary received on sabbatical, office space, library resources, personal computers and STLCOP's computer infrastructure, normal use of secretarial staff and supplies, use of instructional support services, teaching excellence centers, and small awards to faculty from internal grant programs.

If a faculty member embarks on creating a work that may make use of substantial STLCOP resources, the faculty member may consult with his or her department chair/director or dean for advice on copyright to the created work. When a substantial use of STLCOP resources is expected in the creation of a copyrightable work, the dean will consult with the President and make this determination before the work is created. The deans shall promptly inform the faculty member(s) of the President's determination.

Commercialization

It is the mission of STLCOP to further education and research. STLCOP resources are to be used solely for STLCOP purposes and not for personal nor for any other non-STLCOP purposes. Any commercialization of intellectual property should be consistent with these overriding principles.

Before commercializing any work to which it owns the copyright, STLCOP shall consult with the principal creator. Where there are commercial opportunities for a copyrightable work in which STLCOP may have an ownership interest, the creator shall promptly disclose the work to STLCOP. In cases of commercialization where direct competition with STLCOP might exist, the creator shall consult with his or her dean prior to commercializing a work to which he/she owns the copyright. When the creator owns the copyright, he/she will provide STLCOP with the first opportunity to commercialize a work.

If the creator/copyright owner commercializes a work, the creator/copyright owner shall endeavor to retain for STLCOP a non-exclusive, non-transferable royalty-free right to use the work within STLCOP for educational, research, and public service purposes.

In cases where STLCOP commercializes a work, any revenue sharing with the faculty creator shall be determined by a negotiated written agreement.

Copyright Notice and Administration

Copyright to all STLCOP-owned works shall be held in the name of the St. Louis College of Pharmacy.

The individual decanal or administrative unit and area in which the work was created will ordinarily have primary responsibilities for the administration of copyrights and permissions for those works. Any commercial sale or licensing of STLCOP-owned, copyrightable works shall follow STLCOP procedures and policies including the Contracts Administration and Signature Authority Policy.

If STLCOP retains or receives an assignment of copyright ownership, the appropriate dean or chief administrator for the affected division will consult with the General Counsel regarding filing an application to register the copyright.

Fair Use

The fair use provision of the copyright law is an important exemption to the exclusive rights of copyright owners. Because there is no blanket exemption in copyright laws for educational or scholarly use of copyrighted works, each use must meet the fair use test. STLCOP entourages members of the STLCOP community to exercise fair use rights appropriately in their teaching, research, and service activities.

Fair use guidelines developed between representatives of publishers and higher education, describe "safe harbors" for uses of copyrighted works. STLCOP encourages individuals anticipating the use of a copyrighted work to consult the guidelines before using the work. If the use of a copyrighted work does not fall clearly within the guidelines, an individual anticipating the use of a copyrighted work is encouraged to conduct a good faith fair use analysis for each such use. Permission shall be obtained for each use of a copyrighted work that does not fall clearly within the guidelines or when a clear and convincing finding of fair use cannot be made. Faculty seeking assistance may submit a request through the appropriate Dean to the General Counsel.

Administration of the Policy

Any individual covered by this polity shall disclose a copyrightable work other than traditional scholarly works to the appropriate Dean or chief administrator. The creator should include a statement of copyright ownership and the basis for the creator's position along with any request for STLCOP to release its ownership rights in the copyright at the time of disclosure. The appropriate dean or chief administrator will consult with the General Counsel and respond to the creator in writing regarding copyright ownership within thirty (30) days of the disclosure.

Advisory Committee

The President will establish a Copyright Policy Advisory Committee comprised of faculty to advise the President and the Deans on the resolution of disputes on copyright matters arising under this policy including ownership. The committee shall consist of five (5) voting members jointly appointed by the Deans and the President of the Faculty Senate. Committee membership shall consist of one (1) faculty representative from the School of Arts & Sciences, one (1) faculty representative from the School of Pharmacy, and three (3) at-large tenured members of the faculty. A majority of members shall constitute a quorum. The committee will annually elect a chair from among the members. Either the creator(s) or the administration may submit a written request to resolve a dispute to the Chair of the committee. Copies of the request will be provided to the affected parties and areas including the Creator(s), appropriate Dean or chief administrator, the President ofthe Faculty Senate, and the General Counsel. Within ten (10) business days of receiving the request, the Chair will convene the committee to review the request and develop a plan for collecting information from the Creator(s) and the appropriate administrator(s). The committee will review the information collected and make written recommendations by a majority vote. In the case of faculty or student related disputes, the Committee will send its recommendations to the appropriate Dean. Recommendations involving staff related disputes will be sent to the chief administrator. The Dean or chief administrator will issue a written decision including a summary of the findings and supporting evidence within ten (10) business days after receipt of the Committee's recommendation. Either the Creator(s) or the administration may appeal the decision to the President by submitting a written statement outlining the issues and the reasons why the decision should be modified or reversed within ten (10) days after receipt of the Dean's or chief administrator's decision. Upon receipt of the appeal, the President will review the Dean's or chief administrator's decision and the statement of appeal. The President may seek additional clarifying information from the parties and discuss the initial recommendations and subsequent decision with the Copyright Policy Advisory Committee and the appropriate Dean or chief administrator. Within thirty (30) days after receipt of the appeal, the President will issue a written decision including a summary of the findings and supporting evidence. The President shall have final and binding authority to interpret, enforce, and resolve any disputes arising under this policy.

Timeliness of Decisions

STLCOP shall make every reasonable effort to act expeditiously under the circumstances in arriving at all decisions under this policy. From the time of disclosure, Creator(s) will work in close collaboration with the General Counsel who will monitor progress through the STLCOP process. Under normal circumstances a Creator can expect an initial response to a disclosure from the appropriate Dean or chief administrator for the division within thirty (30) days. Creator(s) may seek assistance with issues relating to timeliness by filing a grievance with the Copyright Policy Advisory Committee.

Responsibilities:

Position/Office/Department

Responsibility

Chief unit administrator, Deans School of Pharmacy/School of Arts & Sciences

Review copyright disclosures, copyright assignment and license agreements, make recommendations on copyright ownership; provide consultation on commercialization; and decide copyright related disputes

President

Approve copyright registration filings for College owned copyrights, copyright assignments, and license agreements; decide appeals of copyright related disputes; and oversee administration of this policy on behalf of the Board of Trustees

General Counsel

Provide legal advice and manage copyright related matters including without limitation copyright disclosures/filings, copyright prosecution, fair use, copyright assignments, license agreements, and enforcement actions

Vice President Finance, Chief Financial Officer

Financial accounting and reporting

Resources:

St. Louis College of Pharmacy Contracts Administration and Signature Authority Policy

St. Louis College of Pharmacy Conflicts of Interest Policy

St. Louis College of Pharmacy Fair Use Guidelines Policy

St. Louis College of Pharmacy Patent Policy

United States Copyright Office, http://www.uspto.gov

Policy Contacts:

Name

Contact Information

Kenneth Fleischmann, General Counsel

Kenneth.Fleischmann@stlcop.edu

Supplemental Information:

None