JUSTICE INSTITUTE OF BC FACULTY
NOTE: The material this section below is inserted directly from the PSEA/FPSE Common Agreement 2007-2010 (sections 5.1, 5.2 and 5.3 of the Agreement) and relates specifically to College[1] Faculty.
5.1 Copyright Ownership
The copyright or patent for any work product, including creative work, instructional strategies or curriculum/instructional material, software or any other material or technology that may be copyrighted or patented:
5.1.1 belongs to the employee(s) [college faculty] where the work product has been prepared or created as part of assigned duties, other than the duties listed in Article 5.1.2 below, and the copyright to all copyrightable material shall be the sole property of the employee(s) [college faculty] and shall be retained throughout his or her lifetime and upon his/her death by his/her heirs or assigns; and
5.1.2 belongs to the institution where one or more employees [college faculty]:
(a) have been hired or agrees to create and produce copyrightable work product for the institution, or
(b) are given release time from usual duties to create and produce copyrightable work product, or
(c) are paid, in addition to their regular rate of pay, for their time in an appointment to produce copyrightable work product.
5.2 Employer Rights to Materials Copyrighted by Employee(s) [College Faculty]
Where the employee [college faculty] holds the copyright pursuant to Article 5.1.1, the institution shall have a right to use his/her copyrighted material in perpetuity for institutional purposes. The institution may amend and update the copyrighted material with the approval of the employee(s) [college faculty] holding the copyright to the material. Such approval will not be unreasonably withheld.
5.3 Employee [College Faculty] Rights to Materials Copyrighted by the Employer
Where the institution holds the copyright pursuant to Article 5.1.2, the employee(s) [college faculty] shall have the right to use in perpetuity, free of charge, such copyrighted material. The employee [college faculty] may amend and update the copyrighted material with the approval of the institution holding the copyright to the material. Such approval will not be unreasonably withheld.
JUSTICE INSTITUTE OF BC EMPLOYEES (NON-JUSTICE INSTITUTE OF BC FACULTY)
The Justice Institute of BC owns the intellectual property in all works created by Justice Institute of BC Employees unless otherwise provided for at law or by a written agreement approved by the Justice Institute of BC.
- Justice Institute of BC Student
Students own intellectual property in works developed as part of their normal course requirements, subject to any employment or other obligations between the student and the Justice Institute of BC, or any external parties that sponsor or support the student in the development of the intellectual property The Justice Institute of BC shall have a right to use works developed by students in perpetuity for institutional, commercially noncompetitive purposes and may retain prototypes or other original work developed by students using Justice Institute of BC resources. - Justice Institute of BC Members (Faculty, employees and students) may voluntarily assign or transfer their interest in intellectual property to the Justice Institute of BC to enable the Justice Institute of BC to assist with commercialization, or for other purposes mutually agreed to; and the Justice Institute of BC, may accept such assignment or transfer and thereafter may transfer or license its ownership or interest to third parties.
- If the Justice Institute of BC owns the intellectual property and elects not to pursue commercialization, then the Justice Institute of BC may, in its sole discretion, agree to transfer its interest in the intellectual property to the creator(s), subject to such terms and conditions as deemed appropriate by the Justice Institute of BC.
- When students or other supervised persons are involved, the person in the supervisory position is obligated to inform the students or other supervised persons of the intent to commercialize and advise them of all relevant polices with the goal of achieving arrangements that are fair and equitable.
- If commercialization is anticipated and there is more than one creator, a written agreement among the creators regarding ownership and revenue sharing should be concluded before negotiations related to commercialization are commenced with third parties.
- Where research or other intellectual endeavour is subject to an agreement between the Justice Institute of BC and a sponsor that contains clauses restricting copyright or other intellectual property, all such property shall be handled in accordance with the agreement. In negotiating such agreements the Justice Institute of BC shall strive to negotiate the least restrictive arrangements possible consistent with the Justice Institute of BC and individual author's commitment to the widest possible dissemination of the results of intellectual endeavours. In all cases, all members of the Justice Institute of BC community who will be involved in sponsored research will be informed of any restrictions relating to intellectual property and will be able to make informed choices as to their participation.
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[1] The term "college", in this case refers to the Justice Institute of BC.
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