Proposed Revision to 401.3 - Copyright Policy
1. Works which are produced by an employee in connection with an approved and sponsored research project are treated in accordance with the agreement negotiated with the sponsor. In the absence of such agreement or to the extent such an agreement does not fully address ownership of works produced, such works shall be treated in accordance with sections 2 or 3 of this policy.
an employee is assigned work or responsibilities for the specific purpose of
developing computer programs, visual aids, manuals, public relations material,
or other copyrightable works, the works produced pursuant thereto and all
royalties therefrom shall be the property of the
university unit. Assignment of the copyright shall be
indicated either on the individual employment contract or in a separate
document countersigned by the employee.
Should the university unit and the
employee agree to a division of royalties such division must be included in the
contract or in a separate document countersigned by the employee. If the university unit
does not wish to copyright the work, the employee may obtain a written release
from the President and may then copyright the work in his/her own
name. Upon written request for release
by the employee the university unit will
respond within thirty (30) days.
3. When an employee develops copyrightable
works other than those defined in paragraphs 1 or 2 above, he/she shall have
sole right of ownership and disposition of such works. When such works are produced, developed or
authored through the use or with the aid of
the university unit's
facilities, personnel or other resources, the unit
must be reimbursed for the fair market value of the use of any such facilities,
personnel or resources, except those considered part of the normal academic
environment including library facilities.
Manuscripts or works of art designed for publication in media where no
remuneration is given the author(s) are exempt from this reimbursement
Item 25-005-R1179, Copyrights; Montana University System, November 2, 1979.