The Copyright Policy of Wake Forest University is intended to:
Copyrightable works can be divided into two categories: "device-like" and "informational." These categories are defined as follows, taken from the Inventions and Patents Policy adopted by the Board of Trustees in February, 1999:
"Inventions" are tangible or intangible inventions, discoveries or other innovations, whether or not patentable or reduced to practice. Inventions include "device-like" software or other "device-like" copyrightable material, that like a device, is intended and likely to result in the accomplishment of a task or in allowing the user to produce, manage, analyze, or manipulate a product, such as data text, a physical object, or more software. Device-like software or material acts as a tool or building block in the accomplishment of such a task or in the creation or management of such a product or result. Inventions do not include "informational" software or other "informational" copyrightable material, which may be interactive, to the extent it is intended to inform or educate the user. In the case of software or other copyrightable material that is both device-like and informational, appropriate distinctions will be made in accordance with the principles of this policy.
Device-like works are governed by the existing Inventions and Patent Policy and are not the subject of this policy. This policy only addresses "informational" works.
Copyright ownership of all informational works by faculty, other employees, or students shall vest in the Author except under any of the following circumstances:
A. Subordination to Other Agreements: Copyright ownership of all material that is developed in the course of or pursuant to a sponsored research or other agreement to which the University is a party shall be determined in accordance with the terms of the sponsored research or other agreement. In the absence of terms specifically assigning ownership, the copyright shall become the property of the University only if the terms of such agreement directly or indirectly create University obligations as to intellectual property developed thereunder or if ownership is conferred upon the University by operation of another provision of this Policy.
B. Work for Hire: The copyright of material that is created pursuant to a specific direction or assigned duty (other than the teaching of courses) from the University or any of its units shall be the property of the University. However, the author will retain ownership of informational works in which he or she contributed substantially to the key creative and intellectual content.
C. Use of University Resources: Copyright ownership of works that are developed with the "Substantial Use" of University resources, funds, space, or facilities shall reside in the University. For purposes of this Policy, University resources include grants, contracts or awards made to the University by extramural sponsors. The use of University resources is "Substantial " when it entails the use of University resources not ordinarily used by, or available to all, or virtually all, members of the faculty. At the time of formulation of this policy, such ordinarily available resources include office space and personal office equipment, office computer workstations, library and other general use information resources, and the means of network access to such resources. Incidental involvement of students receiving funding from the University or of Academic Computing Specialists are also excluded from the definition of "Substantial Use". However, ownership of scholarly papers will reside with the author, even if developed with substantial use of University resources.
Works created by students are additionally subject to the following rules:
The President or his designate shall appoint a Copyright Review committee composed of faculty from both campuses, and including one faculty member from the law school. If a question as to whether a title is in the Author or the University arises with respect to works falling into the three categories described in paragraphs IIIA-C, the issue shall be promptly disclosed in writing to the Legal Department for an opinion. In cases where there is a difference of opinion on ownership of informational materials or other provisions of this policy, the Committee will recommend to the President a final disposition. The President's decision is binding on all parties.
In recognition of the Author's desire to maintain intellectual control of his or her work, the University will give consideration to views of the Author as to disposition of intellectual property rights when it takes title to a copyrightable work under this Policy. Where the University owns a copyright under this Policy, the Author will be permitted to continue to use the work for his or her own noncommercial purposes. Distribution, if any, to academic colleagues outside of the University will be permitted under approved written agreements obtained from the Office of the University Counsel.
In cases where the University has copyright ownership of a work under this Policy, the University may, upon request and for good cause shown, assign copyright ownership to the Author subject to a perpetual royalty free license to the University to use the work for its own purposes. Such requests should be submitted to the Vice President for Research and Advanced Studies.
Works potentially falling into the three categories described in section III above shall be promptly disclosed by the author in writing to the Office of the University Counsel for a determination as to whether title is in the Author or the University. To determine whether a work described in section III is patentable, it should be submitted to the Office of Technology Asset Management for an evaluation.
Under current law, ownership of works created by outside consultants and independent contractors could reside in such individuals and not in those hiring them to perform the work at issue. Therefore, those hiring outside consultants and independent contractors should observe the precaution of having a written agreement including an assignment of copyright. Students and nonacademic employees working outside the scope of University employment should be considered independent contractors for such purposes. Assistance in drafting such agreements can be obtained from the Office of University Counsel.
Except in the case of Works for Hire, described in paragraph III-B above, royalty income received by the University through the sale, licensing, leasing or use of copyrightable material, which the University owns pursuant to any section of this policy shall be distributed in accordance with the distribution provisions of the University's Inventions and Patents Policy, as amended from time to time. In the case of such intellectual property owned by the University pursuant to paragraph III-B, that share of royalties which would ordinarily be distributed to the creator under the Inventions and Patent Policy will be deposited in a pool to be used to support additional research and creative activity.
It is the responsibility of the University and all members of the University community to ensure adherence to this Policy.
Academic staff and other Authors governed by this Policy shall have the obligation to:
University officers have the obligation to respond in a timely fashion, normally within forty-five days, to written requests pursuant to this Policy.
The University shall, furthermore, use reasonable efforts to promote works to which the University owns the copyright under this Policy.
The policies set forth above constitute an understanding that is binding on the University, and on its academic and nonacademic employees, students, and others as a condition of their participating in University research programs or their use of University resources. The University may require formal copyright agreements to implement the policy as appropriate, but the absence of such executed agreements shall not invalidate the applicability of this policy.
Committee on Information Technology
Wake Forest University