YUFA
Collective Agreement
2009-2012
Article 23
Patents and Copyrights
Patents
23.01
The parties agree to abide by the existing practices in respect of patent policy insofar as they relate to terms and conditions of employment. The payment of salary to employees and the provision of a normal academic environment in which to work shall not be construed as use of the University’s funds or use of its facilities as regards patent matters.
Copyrights
23.02
Notwithstanding section13(3) of the Copyright Act, the parties agree that, the copyright to all forms of written, artistic, and recorded works (including, but not limited to, lecture courses and videos thereof, computer programmes, choreographic numbers, cartographic materials, bibliographic materials, and course materials, including correspondence course packages, course packages to be delivered on the Internet, multimedia instructional packages and interactive text books) shall be retained by the employee(s) responsible for the origination of the materials in whole or in part, pro-rated to reflect the contribution of the originator(s). The copyright in assessment, grading, reports or correspondence pursuant to the employee’s normal administrative or professional duties with the University shall be retained by the employee, who shall be deemed to have granted the University a perpetual free license to use these materials in the course of its normal, non-commercial, institutional business. The employee(s) shall retain such copyright throughout his/her/their lifetime; upon his/her/their death all such rights shall devolve upon his/her/their estate(s). Such materials shall not be published, licensed, or released in any way, or amended, edited, cut, or in any way altered, without the written consent of the employee(s) holding the copyright. The holder(s) of the copyright shall have the complete rights to the proceeds of its exploitation, except as otherwise specified hereunder.
23.03
Notwithstanding Article 23.02, the employee may agree in writing to transfer copyright from the employee to the Employer for those works which are not produced as part of the individual’s duties and responsibilities in the University (such as art work commissioned by the University to decorate the University, written materials or films that promote the University). At minimum, this Agreement shall address any additional compensation to the employee arising from the commission, any shared distribution of the costs of production, and any shared distribution of any proceeds arising from exploitation of the copyright, shall be agreed in writing between the employee(s) and the Employer.
Work Originated or Developed with
the Direct Support of the Employer
23.04
Where there are proceeds from the exploitation of the copyright of the academic works referred to in clause 23.02, other than scholarly text and/or articles, and where the production of the work is dependent upon a direct allocation of University funds, staff, equipment, or other resources (not to include the faculty member’s salary or the provision of office space), the proceeds from the exploitation shall be divided between the employee(s) and the Employer, such that seventy-five (75) percent of the proceeds of exploitation shall be allotted to the Employer until such time as the costs of the Employer’s direct support of the costs of production have been met. Thereafter, the right of proceeds of exploitation shall revert to the holder(s) of the copyright, unless otherwise agreed in writing between the employee(s) and the Employer. Employees exploiting any work that has been originated or developed with the direct support of the Employer shall so inform the Employer. The burden of establishing the amount of the costs incurred in the provision of such direct support shall lie on the Employer.
23.05
An employee may enter into an agreement with the Employer for the use or exploitation of copyrightable material produced by the employee on terms to be agreed between the employee and the Employer in writing (see clauses 23.03 and 23.04).
23.06
Copies of any agreements between the Employer and employees pursuant to clauses 23.03, 23.04, or 23.05, above, shall be sent to the Association.
23.07
If after three (3) years, an author or originator deems instructional or bibliographic materials, of which the copyright has been assigned to the Employer, unsatisfactory for proposed use because of dating or any other academic or artistic reason, he/she shall have the right to review the work in question, and to amend it. If the work cannot be satisfactorily amended, the employee may withhold or withdraw it from use by the Employer.
23.08
An employee shall have the right to use copyrightable materials produced by him/her but owned by the University, if practicable. (The onus of establishing that it is not practicable shall rest with the Employer.)
23.09
An employee shall be given a copy of any of his/her work produced by the Employer, at no charge to the employee, if practicable. (The onus of establishing that it is not practicable shall rest with the Employer.)
23.10
Should the Employer wish to erase or otherwise destroy a work produced as in clause 23.03, either during or at the end of an agreement as specified in clause 23.03, the author or originator shall be given one (1) month’s notice in writing of such intention and shall be permitted during that time to take either the original or a copy of all or a part of the work for his/her own use, and at a cost not exceeding the cost of the tape/film/recording or other medium upon which the work has been recorded.
23.11
The Employer shall inform the Association and the originators in writing of any agreements it enters into purporting to assign copyright materials of which it is the copyright holder produced or to be produced by an employee to any party except that employee.