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Table
of Contents
Introduction
Copyright
Officer
Policy
on Ownership
Print Materials
Classroom
Use
Copying
and Scanning
Electronic
Journals
Interlibrary
Loan
Print
and Electronic Reserves
Multimedia
Materials
Classroom
Use
Presentation
Streaming
Video/Multimedia
Broadcast
TV Programs
Media
Service Reserves
Software
Podcasting
Frequently Asked Questions
Print
Multimedia
Additional Resources
Instituitional Repository
Fair Use
Links
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Introduction to Copyright and Intellectual Property at Macalester
The federal copyright laws exist to "promote the useful arts and
sciences" as well as to protect the ownership rights of copyright
holders. Macalester maintains a Policy on Ownership of Copyrights
in Works Created by the Faculty and Staff (see below), that
protects the rights of our community regarding our own work and
scholarship. In the same spirit, the College acknowledges its
responsibility to ensure that students, faculty and staff are aware of
copyright laws,
guidelines, and license agreements and act responsibly as they use
information owned by others. Examples of appropriate measures
include: notification of potential copyright restrictions at
point of use (such as public photocopiers, scanners, computer labs),
promulgation of a detailed copyright policy, and periodic reminders to
the community of their responsibility.
Copyright Officer
The Provost is the Copyright Officer for the Macalester College.
The Copyright Officer is the final authority for ensuring that the
College adopts and implements polices regarding intellectual
property. These policies both protect the intellectual property
rights of members of the Macalester Community and ensure that the
Macalester Community respects the intellectual property rights of
others.
Policy on Ownership of Copyrights in Works Created by the Faculty and Staff of Macalester College
I. PURPOSE AND SCOPE OF THIS POLICY.
The central mission of Macalester College (“Macalester” or
“the College”) is to create, preserve, and disseminate
knowledge through teaching, research, and public service. The purpose
of this policy is to encourage scholarship, research, creativity and
innovation; to clarify ownership of intellectual property rights; to
promote the dissemination of knowledge; and to provide for the
equitable distribution of monetary and other benefits derived from
copyrightable intellectual property. Macalester affirms its
commitment to the tradition that, in most cases, members of the faculty
and staff own the copyright in their scholarly, pedagogical, and
creative works. This policy applies to copyrightable works created by
the faculty and staff of Macalester College.
II. SCHOLARLY, PEDAGOGICAL AND CREATIVE WORKS.
A. Academic Works, Generally.
- Definition of
“Academic Work.” An “Academic Work” is a
scholarly, pedagogical, or creative work of authorship. Examples
include books, articles, fixed lecture notes, PowerPoint presentations,
software and website content, literary works, musical scores, works of
art or design, films, videos, audio recordings and other copyrightable
works of the kind that have traditionally been deemed in academic
communities to be the intellectual property of their creator.
- Ownership of Copyrights in Academic
Works. Unless Section IIB or IIC applies, employees of Macalester
will own the copyrights in the Academic Works they author. The
College will execute such written instruments as may be necessary to
evidence, establish, maintain or protect its employees’
copyrights in their Academic Works.
B. Directed or Commissioned Academic Works.
-
Definition of “Directed
Work”. A “Directed Work” is an Academic Work
that is specially directed or commissioned by Macalester or produced as
a specific requirement of an employee’s job. Examples of
Directed Works include computer software developed by the IT staff, a
guide to library resources created by the library staff, or a
laboratory manual written by a faculty member on special
assignment. Generally, when a faculty or staff member prepares
pedagogical materials for a course he or she is teaching, those
pedagogical materials will be not be deemed to be Directed Works, even
though the faculty or staff member is required to teach the course as
part of his or her job. On the other hand, Directed Works may
include pedagogical materials instigated by the College or a
department, for example, learning aids that will be made available to
all students or teaching aids intended for use by all members of a
department.
- Ownership of Copyrights in
Directed Works. Macalester will own the copyrights in
Directed Works. Each faculty and staff member who contributes to
a Directed Work will execute such written instruments as may be
necessary to evidence, establish, maintain or protect
Macalester’s copyright in the Directed Work.
C. Sponsored or Externally Contracted Academic Works.
-
Definition of “Sponsored
Work.” A “Sponsored Work ” is an Academic Work
developed using funds supplied by an external third party under a
contract, grant or similar arrangement.
- Ownership of Copyrights in
Sponsored Works. Before a faculty or staff member may accept
outside funding, the College, the sponsoring organization, and the
faculty and staff members who will contribute to the Sponsored Work
will execute a “sponsorship agreement” regarding ownership
of the copyright in the Sponsored Work. The College and each
employee who contributes to a Sponsored Work will execute such written
instruments as may be necessary to evidence, establish, maintain or
protect copyright ownership of the Sponsored Work as agreed in the
“sponsorship agreement.”
III. ADMINISTRATIVE WORKS.
A. Definition of “Administrative
Work.” An “Administrative Work” is a work
created by a faculty or staff member in connection with an
administrative assignment. Examples include course descriptions
and catalogs, internal policies, internal studies, committee reports,
minutes of internal meetings, budgets, software created to perform
utilitarian tasks primarily on behalf of departments or the College,
and databases and similar collections of information obtained primary
on behalf of the department or the college (and not primarily for
scholarly research).
B. Ownership of the Copyright in
Administrative Works. Macalester will own the copyrights in all
Administrative Works created by its employees. Each employee who
contributes to an Administrative Work will execute such written
instruments as may be necessary to evidence, establish, maintain or
protect Macalester’s copyright in the Administrative Work.
IV. COLLABORATIVE WORKS.
Macalester encourages collaboration among faculty, students, and
staff. Employees are reminded, however, that all of the
individuals who contribute to a collective effort may own copyrights in
all or a part of the resulting works. Employees are, therefore,
encouraged to address copyright ownership in writing in a manner
consistent with this policy before embarking on collaborative efforts,
particularly if the intent is to publish the resulting work.
V. ACKNOWLEDGEMENT.
Macalester will acknowledge employees who have made a substantial
contribution to College-owned works (including, for example,
Administrative Works, Directed Works, and certain Sponsored Works),
except those employees who request otherwise.
VI. ADMINISTRATION.
Information about this policy and its application is available from the
Office of the Provost. In the cases of disputes about this policy,
resolution will follow the Dispute Resolution and College
Grievance Procedures described in the Employee Handbook.
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