(1) These definitions apply to
all sections of the rule and its procedures.
(a) "University personnel" is defined as
university faculty, administration and staff members.
(b) A "copyright work" describes original
works of authorship that have been fixed in a tangible medium of expression,
including, but not limited to, written materials, dissertations, papers,
articles, books, poems, audiovisual materials, videos, audio recordings,
architectural drawings, on-line instructional materials, musical compositions,
dramatic creations, software, databases, photographs, or sculptures that are
likely to be subject to protection under United States copyright law.
(c) "Patentable inventions" describes
inventions, discoveries, and manufacturing designs that have been reduced to
practice, and are considered novel and likely to be subject to protection under
United States patent law.
(d)
"Academic works" are works created by faculty members within the scope of their
regular faculty appointment, including work created while on paid professional
or sabbatical leave. Academic works include, but are not limited to, those
works created within the scope of their faculty appointment for research, for
teaching, whether for a traditional course, a distance learning course, an
online course offering, or some other non-traditional setting, unless such work
was specifically created as a work for hire.
This
interpretation of academic works shall be at least as broad as the definition
used in any collective bargaining agreement (CBA) with faculty members, and the
university's use of academic works shall be consistent with any requirements or
restriction in such CBA.
(e)
"Work for hire" or "Work made for hire" is:
(i) A work prepared by university personnel
within the scope of his or her employment that does not meet the definition of
an academic work as defined by this policy and as further described in the SEA
collective bargaining agreement, which shall
be.
(ii) A work directed
by or specially ordered or commissioned by the university via a supplemental
employment contract or similar agreement. If support for the work is from an
outside contractor or sponsor, the intellectual property ownership may be
governed by the contractor or sponsorship agreement.
(f) "Significant allocation" is:
The use of university resources (including, but not limited to,
facilities, equipment, staff time, supplies, funds, financial support, or
release time from assigned duties) over and above the usual salary or resource
assignment where the value of the resources comprises more than half of the
cost incurred in creating a work.