109.0 IV-3.10 - POLICY ON COPYRIGHTS
 
  (Approved by the Board of Regents, May 31, 1990)
 
 
  PREAMBLE
 
      Prior practice of the University of Maryland has been to
  ascribe ownership of copyright on the basis of the extent of the
  use of facilities and resources.  This revision bases ownership
  on the characteristics of the work effort, e.g. the work may be
  an independent creative act in the course of employment or it
  could be a commissioned work produced under contract.
 
      Contextual factors such as use of resources etc. will remain
  important in determining contract terms and in interpreting the
  policy.
 
 
  I.  POLICY
 
      It is the policy of the University of Maryland System that
  copyrights arising from aesthetic, scholarly, or other work
  developed through independent efforts and not part of a directed
  institutional or University System assignment shall reside with
  the originator.  Independent effort is defined as the product of
  inquiry, investigation, or research to advance truth, knowledge,
  or the arts where the specific choice, content, course, and
  direction of the effort is determined by the individual without
  assignment or supervision by the institution or System.
 
      All rights in copyright for all other works arising from the
  use of institutional or System resources whether directed or
  commissioned or contractually determined shall belong to the
  Regents.
 
      In conformity with this policy, the Chancellor and chief
  executive officers of the System institutions are authorized to
  enter into agreements with respect to ownership, licensure,
  disposition of royalty income, resolution of disputes, and other
  rights related to copyrights under their respective
  jurisdictions.  They are authorized to register copyrights,
  accept copyrights from third parties, and to sell or grant
  licenses or assignments in the name of the Regents for any rights
  to copyrights under their jurisdiction.
 
  II.  OWNERSHIP BY CATEGORY OF WORK
 
      A.  Scholarly/Aesthetic
 
      In keeping with traditional academic practice and policy,
  ownership of copyrights to scholarly or aesthetic works that are
  prepared through independent effort and not part of a directed
  assignment, shall reside with the originator except as otherwise
  provided in this Policy.  The general obligation of faculty to
  produce scholarly works does not constitute such a directed
  assignment.
 
      B.  Personal
 
      The copyright to any work that is prepared outside the scope
  of employment and without the use of institutional or System
  resources by an employee shall be the property of the employee.
 
      C.  Sponsored/Contracted
 
      The Board of Regents asserts its right to copyrightable works
  created under sponsorship or contract.  Copyright ownership of
  sponsored works and contracted works shall be governed by such
  agreements or contracts.  Any sponsored work agreement which
  provides for ownership by other than the Board of Regents shall
  also provide the Board of Regents with a free-of-cost, non-
  exclusive, world-wide license to use and reproduce the
  copyrighted work for research and education purposes, except
  where prohibited by law or government regulation.
 
      D.  Commissioned
 
      When the institution or System commissions the production of
  a work, title normally should be with the Board of Regents.  In
  all cases, copyright ownership shall be specified in the written
  contract.  Any commissioned work agreement which provides for
  ownership by other than the Board of Regents, shall also provide
  the Board of Regents with a free-of-cost, non-exclusive, world-
  wide license to use and reproduce the copyrighted work for
  research and education purposes, except where prohibited by law
  or government regulation.
 
      E.  Acquired by Assignment or Will
 
      The Board of Regents may acquire copyrights by assignment or
  will pursuant to the terms of the written agreement or testament.
 
  
  III.  REVENUE SHARING FOR NON-CONTRACTED WORK
 
      The Board of Regents may assign or license its copyrights to
  others.  The University System through its constituent
  institutions shall share with the originator(s) revenue which it
  receives through copyrights.  Specific provisions of grants or
  contracts may govern rights and revenue distribution.
  Consequently, revenues received from such copyrights may be
  exclusive of payments of royalty shares to donors or contractors.
  Moreover, System institutions may contract with outside persons
  or organizations for the obtaining, managing and defending of
  copyrights, and any royalty share or expenses contractually
  committed to such persons or organizations may be deducted before
  revenues accrue or before the originator's share is distributed.
 
      The revenues (net, if applicable per the preceding paragraph)
  which are received from a copyright will be applied first to
  reimburse the System or constituent institution for any specific,
  incremental expenses incurred by it in generating the copyright
  and in marketing, licensing and defending the rights.  After
  provision for such expenses, such revenues shall be shared as
  follows: (1) the first $5,000 will be paid to the originator(s):
  (2) thereafter the originator(s) will receive seventy-five
  percent of such revenues.  Applicable laws, regulations or
  provisions of grants or contracts may, however, require that a
  lesser share be paid to the originator.
 
      To the extent consistent with State and University System
  budget policies any net revenue received on account of a
  copyright, after sharing with the originator(s), will be
  dedicated to research and to the promotion of original works.  If
  practicable, eighty-five percent of the System's or constituent
  institution's share of new revenue from each copyright will be
  designated for research in the originator's department or
  analogous unit up to $100,000 in a fiscal year for a particular
  department or analogous unit.
 
      If use of such funds for research within the originator's
  department or analogous unit is not practicable, the funds should
  usually be designated for research in a related department or
  unit.  The remaining part of the net revenues shall be devoted to
  research and incentive for creative works as directed by the
  President or Director, or designee (or, for the System Office,
  the Chancellor or designee).
 
 
  IV.  DEFINITIONS
 
      For purposes of interpretation of this policy, the following
  definitions shall apply:
 
 
      A.  Aesthetic Work
 
      A work that is a result of original artistic expression.
 
      B.  Commissioned Work
 
      A work produced for the institution or the System by others
      pursuant to a contract at the institution's expense.
 
      C.  Contracted Work
 
      Work produced by and for others at the others' expense, using
      institutional or System facilities pursuant to a contract.
 
      D.  Copyright
 
      The intangible property right granted by statute providing
      the owner the following exclusive rights over a work: to
      reproduce, to prepare derivative works, to distribute, to
      perform publicly, and to display publicly.
 
      E.  Direct University Assignment
 
      Any written or oral instruction or task assigned to an
      originator.
 
      F.  License
 
      A contract in which a copyright owner grants permission to
      exercise one or more of the rights under copyright.
 
      G.  Originator
 
      Any person who produces a work by his or her own intellectual
      effort, including student employees.
 
      H.  Royalties
 
      A payment made to an owner of a copyright for the privilege
      of practicing a right under the copyright.
 
      I.  Scholarly Work
 
      Work such as, but not limited to, books, articles, other such
      publications, lectures, and computer software resulting from
      independent effort.
  
      J.  Software
 
      A work comprising statements or instructions to be used
      directly or indirectly in a computer to bring about a certain
      result and any associated documentation containing
      operational instructions.  (In cases where software is found
      to be patentable the Patent Policy will govern.)
 
      K.  Sponsored Work
 
      A work produced by or through an institution or the System
      pursuant to a contract, grant, or other agreement.
 
      L.  University System Resources
 
      All buildings, equipment, services, funds (regardless of
      source), and other facilities under the control of the Board
      of Regents.
 
      M.  Work
 
      Any copyrightable expression including, but not limited to
      writings, lectures, musical or dramatic compositions, sound
      recordings, films, videotapes, computer software,
      architectural designs, and works of art.
 
 
  Replacement for:  BOR VII-3.00 and BOT XIII-X