Current through Register Vol. 24-24, December 15, 2024
(1)
Individual effort: Any individual who produces copyright-eligible material as
the result of individual initiative and effort and without the significant
assistance, support, or sponsorship of the college or a college-administered
grant or contract shall retain full right of ownership, control, use, and
disposition over the material. The individual shall be solely responsible under
such circumstances for determining whether to copyright the material.
(2)
(a)
College-supported individual effort: If the college provides significant
support or assistance for an individual in producing materials eligible for
copyright such as, but not limited to, the creator's use of college funds,
equipment, facilities, materials, staff services, or other resources without
full and prompt reimbursement by the individual, ownership of rights in the
material shall be vested in the college subject to the conditions set forth in
this policy. The college may copyright such materials when it appears that
copyrighting will be in the best interest of the college and
individual.
(b) Any individual who
is preparing, or is planning to prepare copyright-eligible material under
circumstances which may be considered college-supported, college-assisted, or
college-sponsored, shall initiate an inquiry as to their status. A descriptive
statement of the relevant facts shall be forwarded to the college copyright
administrator. Thereafter, the college copyright administrator shall advise the
individual as promptly as possible as to whether the materials should be
regarded as college-supported or college-sponsored within the meaning of this
policy. The college copyright administrator's decision in such cases will be
considered as a preliminary draft opinion subject to clarification and final
action when the work is completed. The final decision will be rendered in
accordance with WAC
495D-180-025.
(3) College-sponsored effort:
Ownership rights in college-sponsored materials shall be vested in the college
subject to the conditions set forth in this statement of policy. Materials are
college-sponsored if the individual has been commissioned in writing by the
college or otherwise assigned to develop the materials or, in their production,
has been authorized released time for which the individual will receive
compensation from college funds, including grant and contract funds
administered by the college. The college copyright administrator may, at his or
her sole discretion, elect to share with the individual royalties resulting
from sales of such materials: Provided, that the individual shall have no right
to the sharing of such royalties in the absence of an express written agreement
with the college copyright administrator.
(4)
(a)
Efforts supported by outside agencies: Copyright-eligible materials produced
under the sponsorship of agencies outside the college must contain specific
provisions regarding the disposition of any royalties or materials generated
through grants or contracts furnished by such agencies. Any individual
accepting support from outside agencies must verify the content of these
provisions. No college employee may enter into a contract with an outside
agency which requires a college employee's participation unless royalty rights
and the disposition of copyright-eligible materials are specified clearly, and
such provisions are acceptable to the college copyright administrator and
consistent with college policies covering such activities.
(b) Where the college is a party to sponsored
projects resulting in production of copyrightable materials, the following
conditions will apply:
(i) Title to all
materials will remain with the college.
(ii) The sponsor of the project may retain
rights to royalty-exempt use of materials.
(iii) With the college copyright
administrator's written concurrence, parties to a sponsored grant or contract
may agree to assignment of rights which may vary from (b)(i) and (ii) of this
subsection.
(iv) Any sharing of, or
individual participation in any royalty income, must be specified under the
terms of the contract with the sponsoring agency and approved in writing by the
college copyright administrator.
(v) As copyright administrator, the president
of the college or his or her designee will retain final responsibility and
authority for all decisions on royalty sharing and other copyright matters
involving the college.
Statutory Authority:
RCW
28B.50.140. 93-01-084, §
495D-180-020, filed 12/15/92,
effective 1/15/93.