Copyright protection is automatic for any “original work of authorship” created by a university author and “fixed in any tangible medium of expression.” Examples include journal articles, textbooks, other books or scholarly works, short stories, poems, case examples, course materials, lecture notes, musical compositions/arrangements and recordings, lyrics, architectural drawings, visual works of art, sculptures, software and other artistic creations, among others, regardless of the medium. Copyright, however, does not protect mere facts or ideas. To learn more about copyright generally, visit the UC Copyright website at http://copyright.universityofcalifornia.edu/.
As defined in UC’s Copyright Ownership Policy, a “Scholarly & Aesthetic Work” is a work originated by a designated academic appointee resulting from independent academic effort. Ownership of copyrights to scholarly/aesthetic works generally reside with the designated academic appointee originator, unless they are also sponsored works or contracted facilities works, or unless the designated academic appointee agrees to participate in a project which has special provisions on copyright ownership as further defined by Section V.C. of UC’s 1992 Copyright Ownership Policy.
Except as otherwise provided in the UC’s Copyright Ownership Policy, the University shall own all copyrights to works made (1) by University employees in the course and scope of their employment and/or (2) with the use of University resources.
UC’s Copyright Ownership Policy defines a sponsored work as a work first produced by or through the University in the performance of a written agreement between the University and a sponsor. Sponsored works generally include interim and final technical reports, software, and other works first created in the performance of a sponsored agreement. Sponsored works do not include journal articles, lectures, books or other copyrighted works created through independent academic effort and based on the findings of the sponsored project, unless the sponsored agreement states otherwise.
Ownership of copyrights to sponsored works shall be with the University unless the sponsored agreement states otherwise.
UC’s Copyright Ownership Policy defines a personal work as a work that is prepared outside the course and scope of University employment (except for permissible non-University consulting activities) without the use of University Resources. Ownership of copyrights to Personal Works generally reside with the originator, but exceptions may apply.
UC’s Copyright Ownership Policy defines a student work as a work produced by a registered student without the use of University funds (other than Student Financial Aid), that is produced outside any University employment, and is not a sponsored, contracted facilities, or commissioned work. Ownership of copyrights to student works generally reside with the originator, but exceptions may apply.
UC’s Copyright Ownership Policy defines a commissioned work as a work produced for University purposes by individuals not employed at the University or by University employees outside their regular University employment. When the University commissions for the production of a work, title normally shall reside with the University.
Section III.B. of the policy addresses copyright ownership involving multiple authors. That provision states:
Copyright ownership of jointly originated works shall be determined by separately assessing the Category of Work of each originator pursuant to Section III.A. above. Rights between joint owners of a copyright shall be determined pursuant to copyright law.
In other words, if there are multiple copyright owners for a jointly-created work under the policy, then the underlying rights for each joint owner will be governed by copyright law (unless an agreement among the joint owners provides different rights and obligations). For more information about joint copyright ownership, please visit the UC copyright education website’s page on “Joint authorship and collective works” at http://copyright.universityofcalifornia.edu/ownership/joint-works.html.
UC’s Copyright Ownership Policy determines copyright ownership, while UC’s Open Access (OA) policies have no bearing on the copyright ownership determination. For example, the Academic Senate OA policy states: “This policy does not transfer copyright ownership, which remains with Faculty authors under existing University of California policy.” The copyright ownership determination arising out of this Copyright Ownership Policy does, however, have some impact on certain provisions of the OA policies. For example, the Presidential OA policy for non-Academic Senate employees outlines different procedures for obtaining waivers depending on whether the author owns the copyright in their scholarly articles, as determined by “the 1992 UC Copyright Policy or its successor.”
With the nature of educational instruction moving to remote learning, you may be approached by online content providers interested in licensing your course content. The University of California’s policies on Copyright Ownership and Ownership of Course Materials clarify who owns the copyright to original works created at UC and how the rights of ownership are allocated between the authors and the University. 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.
Please contact the Office of Technology, Innovation, and Industry Relations at otiir@ucmerced.edu with any questions.
