2003 Policy on Ownership of Course Materials

Section III.

Ownership of Course Materials

1. Ownership of Course Materials Originated by Designated Instructional Appointees.

Except as provided below, ownership of the rights to Course Materials, including copyright, shall reside with the Designated Instructional Appointee who creates them. However, the University retains a fully paid-up, royalty-free, perpetual, and non-exclusive worldwide license to any Course Approval Documents for the purpose of continuing to teach the course of instruction for which the documents were prepared, with the non-exclusive right to revise and update them as required for this purpose.

2. Personal Work, Student Work, Sponsored Work, Commissioned Work, and Contracted Facilities Work.

Ownership of Course Materials that constitute Personal Works, Student Works, Sponsored Works, Commissioned Works, or Contracted Facilities Works are defined in and shall be governed by the University of California Policy on Copyright Ownership.

3. Course Materials Created with the Use of Exceptional University Resources.

Ownership of the rights to Course Materials created, in whole or in part, by Designated Instructional Appointees with the use of Exceptional University Resources shall be governed by a written agreement entered into between the Originator(s) and the University. The agreement shall specify how rights will be owned and controlled and how any revenues will be divided if the materials are commercialized.

Chancellors and Laboratory Directors manage University Resources under their control. Chancellors shall develop campus policies and procedures to assist campus resource managers to determine when Exceptional University Resources are involved and will assess the need for an agreement prior to the commitment of resources to a project to which this provision might apply. The University may at any time request a new agreement, or renegotiation of an existing agreement, as a condition for the subsequent allocation or continuation of Exceptional University Resources provided to Designated Instructional Appointees. In the absence of an agreement, course materials will not be deemed as created with the use of Exceptional U niversity Resources, and ownership of these materials shall be governed by Sections III. A, III. B, and III.D of this Policy.

To promote increased Universitywide understanding of the evolving circumstances of the use of University resources in instruction, copies of all agreements for Course Materials created with the use of Exceptional University Resources shall be filed with the UC Standing Committee on Copyright.

4. Jointly Originated Works.

   Ownership of rights to Course Materials that are created by the intellectual labor of more than one person shall be owned jointly, pursuant to the provisions of the Policy on Copyright Ownership, Section V. If Course Materials are created jointly, ownership of those contributions of Designated Instructional Appointee(s) shall be governed by this Policy, and the contribution of others shall be governed by the Policy on Copyright Ownership. Ownership of the rights to jointly originated Works shall be determined by separately assessing the Category of Work of each Originator pursuant to the Policy on Copyright Ownership.