UNM-Los Alamos Faculty Handbook
 

APPENDIX C:  COPYRIGHT INFORMATION (under review)

The University of New Mexico Copyright Policy

(Approved by the Faculty Senate, December 8, 1981: Ratified by the Regents, September 4, 1984)

Preamble

            An employee of the University could become involved in copyright problems in at least two ways: first, in securing permission to use copyrighted material to quote it in a publication of his/her own, for example, or to reproduce it for use in his/her classes; secondly, in obtaining proper copyright for his/her own writings, whether these be teaching materials he/she wants to make available to students or articles and books he/she is publishing.  In either case, the employee is expected to proceed on his/her own, or through his/her publisher, in accordance with this University copyright policy.

I           Use of Copyrighted Materials.

                        Specific guidelines pertaining to the use of copyrighted materials will be available from the Office of the Director of Library Services.  It is the University employee's responsibility to become familiar with regulations pertaining to the use of copyrighted materials.  For the most up-to-date copyright information refer to the IUPUI Copyright Management Center website.  Users shall respect all copyrights including software copyrights.  Users shall not reproduce copyrighted work without the owner’s permission.  In accordance with copyright laws, including the Digital Millennium Copyright Act, University Counsel’s Office, upon receipt of official notice from a copyright owner, may authorize blocking access to information alleged to be in violation of another’s copyright.  If after an investigation information is determined by University Counsel’s Office to be in violation of another’s copyright, such information will be deleted from University computing systems. (UBPPM 2502.1)

II            Determination of Rights to Copyright Materials.

Objective

Policy

                        The University of New Mexico regards copyrightable materials (a book, musical or dramatic composition, architectural design, painting, sculpture, or other comparable work) developed by an employee as the property of the employee (author) unless:

·        the material is prepared under a grant or contract with specified     

      ownership; or

·        the material is prepared as a specific part of the employee's University assignment.  An employee's general obligation to produce scholarly works is not such a specific University assignment.
 

                        The University of New Mexico will claim copyright ownership in the name of the Board of Regents of the University in those cases where:
 

·        a university employee creates a copyrightable work in the course of discharging a University assignment; or

·        the University specially orders or commissions a "Work for hire"; or

·        University ownership is specified by terms of a gift, grant, or contract with an outside party or sponsored program, or other agreement.

                        In any case where a faculty member in the development of a copyrightable work intended for commercial dissemination has made extensive use of University resources, such as computer time, staff personnel, supplies equipment or facilities, but not including the use of library facilities or office space his/her department Chair or Dean, as the case may be, may require the faculty member to reimburse the University for any portion of such use.  When commercial enterprise is undertaken, the employee should consult his/her department Chair or Dean in advance to determine whether and to what extent reimbursement is appropriate.  Reimbursement may be made by assignment of a portion of the royalties produced by the commercial venture, lump sum payment, or any other mutually agreeable arrangement.

                        Any dispute as to the issue of extensive use or as to the amount or method of reimbursement may be appealed through the department Chair or Dean of the College, and from the Dean to the Provost.  The matter and appropriate documentation shall first be referred to the Research Policy Committee, which shall then make a recommendation to the Provost for disposition of the issues.

Interpretation and Implementation of Policy

                        The Provost is responsible for the interpretation and implementation of the copyright policy for the University of New Mexico and for securing copyrights on behalf of the University.

               Decisions of the Provost may be appealed to the President and the Regents.  Copyrights owned by the University are to be exercised in a manner consistent with the University's aim as an educational institution, to make material available to the public and to give recognition to authors in part as an incentive to produce such work.  Copyright owners are encouraged to indicate their affiliation with the University of New Mexico.

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Page Last Updated August 31, 2007