Arizona State University

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University Copyright Policy Information
University: Arizona State University
Department:
University Type: Public
Main url: http://www.asu.edu/
Policy Date: 2009/03/01
Policy URL http://www.abor.asu.edu/1_the_regents/policymanual/chap6/6-908.pdf
Policy Clarity: Somewhat unclear
Creative works ownership status: Author
Creative works ownership status exceptions: No
Creative works ownership status exceptions types:
Creative works definitions: "Traditional Works." Traditional publications in academia include scholarly works, textbooks, and course notes, including such publications in electronic form.

"Works for Hire." The Board owns Intellectual Property developed as a result of employee work performed in the course and scope of employment. “Course and scope of employment" shall include any activity that is listed or described in the employee's job description or is within the employee's field of employment, including research, instruction, or other activities assigned to the employee that involve the creation of Intellectual Property. Copyrightable works created by an employee in the Course and Scope of Employment are considered to be works made for hire under U.S. Copyright Law, with ownership vested in the Board.

Substantial Resources. The Board owns Intellectual Property developed by university employees through an effort which makes significant use of university resources. . . . The Board does not construe the use of office space, library resources, personal workstations, or personal computers as constituting significant use of university resources. Significant use of university resources includes but is not limited to: Use of research funding; use of funding allocated for asynchronous or distance learning programs; use of university-paid time within the employment period; assistance of support staff; use of telecommunication services; use of university central computing resources; use of instructional design or media production services; access to and use of research equipment and facilities, or production facilities.

Employee- Excluded Works. Board releases to the creator all ownership of Intellectual Property in following categories of work, subject to contractual rights of Sponsors. (Traditional Publications; Artistic Works; Academic Software; Student Works)

7. Visiting Faculty, Researchers, and Scientists

  • The Board owns Intellectual Property created by visiting faculty, researchers, and scientists. However, the IP Official may make exceptions on a case-by-case basis, consistent with this policy.
Courseware: Case-By-Case
Creative works ownership status exceptions: Not Specified
Courseware ownership status exceptions types:
Courseware definitions: "Electronic publications, including on-line courses will be reviewed on a case-by-case basis."
Materials ownership status: Author
Materials ownership status exceptions: Yes
Materials ownership status exceptions types: warning.png"Sponsored work" is not in the list of possible values (Yes, No, Not Specified) for this property. Sponsored work
Ownership Status: Author
Student Ownership Status Exceptions: Yes
Student Ownership Status Exception Types: Work for hire, Substantial use of University resources, Sponsored work
Open Access Policy?: Institutional
OA Policy URL: http://ocw.asu.edu/

This policy is restrictive and seems somewhat contradictory at times. It first states that the University owns EVERYTHING created at the school including projects subject to certain contractual agreements, works made for hire, and works using substantial university resources. Then the policy carves out exceptions for "scholarly" works. Policy is not clear what limitations apply (or if the previously mentioned exceptions, such as "use of substantial resources," apply). Also all online course materials are subject to review on a case-by-case basis.

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  • This page was last modified on 19 March 2010, at 20:27.