Date: January 1998
Authority: UWS GAPP #27 (rev. 11/24/97)
(Also see S-14, Copyrights)
The following guidelines provide that certain materials may be copyrighted in the name of the Board of Regents of the University of Wisconsin System.
These guidelines are an effort to bring into focus some of the underlying issues involved in the ownership and copyrighting of instructional materials. This is necessary because an institution of the University of Wisconsin System (universities, colleges, or extension), with greater frequency, may have a direct interest in certain instructional materials because substantial public resources have been used in their creation and production or because the author(s) contracted with an institution specifically to develop the materials. An example of this would be a written agreement between the institution and the author(s) with the specific, stated intention that a videotaped lecture series with a published course outline and bibliography would be produced at the institution's expense.
These guidelines do not assert a UW System property interest in materials which result from the activities of the author(s) in the pursuit of traditional teaching, research, and scholarly activities. Production of these materials, including theses, scholarly articles, journal articles, research bulletins, monographs and books, may be implicit in the author's role as a UW System employee and should be contrasted with instructional materials produced pursuant to an explicit agreement where the author acts under contractual agreement to produce copyrightable materials.
Resolution of the interests of the UW System1 and of the author(s)2 must be on a case-by-case basis, applying the principles and considerations of these guidelines.
A. Copyrightable instructional materials may be produced or developed under the following five conditions:
1) No UW System support or involvement;
2) minimal UW System support or involvement;
3) substantial UW System or institutional support and involvement;
4) an assigned duty or pursuant to a work-for-hire agreement;
5) support from an extramural sponsor.
B. "Minimal," as used in this policy, includes the use of university laboratories or equipment but does not include released time from regularly
C. "Substantial," as used in this policy, includes, for example, released time from regularly assigned duties; direct investment by the university of
funds or staff, or the purchase of special equipment for the project; use of multimedia production personnel and facilities; or extraordinary
use of computing resources.
A. It is the policy of the UW System that copyrightable materials produced as stated in 3.A.(1) and (2) above belong solely to the author.
B. Materials produced with substantial institutional support (as in 3.A.(3) above) are required to be the subject of a written understanding or agreement between the author and the chancellor or his/her designee that equitable determines copyright and ownership rights. A sample
agreement is included at Attachment A to this policy. If the institution chooses in writing not to assert a copyright interest to which it has a
right, the author may do so in his/her own name.
C. When the production of copyrightable materials is a primary purpose of employment or independent contractor relationship (as in 3.A.(4)
above), the institution shall own all rights and a written "work-for-hire" agreement shall be executed. A sample "work for hire" agreement is
included as Attachment B to this policy. Fair payment shall be made to the author, and the institution shall receive all rights to the materials
and receive all royalties and fees.
D. When such materials are produced as an assigned duty of employment, the institution shall own all rights and receive all royalties and fees,
except where a contrary agreement has been reached between the author and the chancellor of his/her designee prior to the beginning of
E. When copyrightable materials are produced with extramural support, (in 3.A.(5) above), the agreement with the extramural sponsor shall be
considered in determining the copyright and ownership rights of the parties.
Conditions of production, use, and final disposition of copyrightable materials will vary from time to time. Where such materials are to be produced under the conditions specified in 3.A.(3) and (4) of this policy the author and the producing agency must develop a written agreement defining the rights and responsibilities of all principal parties to be signed by the author and the chancellor or his/her designee prior to the beginning of production. Such an agreement may also be appropriate when copyrightable instructional materials are produced under the conditions specified in 3.A.(5) of this policy. In addition to establishing ownership interests in accordance with section 4. Of this policy, all such agreements should reflect the following principles:
A. Author and Institutional Responsibilities
B. Internal Use
C. External Distribution
D. Revision or Withdrawal
Where the Board of Regents of the UW System owns a copyright interest in instructional materials on behalf of UWM, the materials should receive timely and periodic review by users and producers to ensure currency and relevance consistent with the following:
- A sponsoring department or its functional equivalent may grant released time from regularly assigned institutional duties to an author of copyrightable instructional materials.
- Released time under this section would normally be granted in the stages of planning, production, presentation, evaluation, and revision.
B. Allocation of Financial Benefits of External Distribution
- The financial benefits of external distribution of copyrightable materials produced under the conditions specified in section 3.A.(3) shall be shared by the sponsoring department(s) or functional equivalent, the author, and the institution, with a portion of the institution=s share designated for the production group.
- Two schedules of revenue distribution based on (a) pre- and (b) post- amortization of costs should be established as follows:
a) Preamortization. A reasonable pattern of distribution prior to amortization provides an approximate return of ten percent
of gross receipts to the author. Ninety percent is retained for distribution to the department or functional equivalent, the
production unit, and the institution for amortization of their contributions.
b) Postamortization. After amortization, the author's share of receipts should increase to approximately twenty-five percent
of gross receipts.
- It is recommended that the department's or functional equivalent's share of the receipts be used for support of teaching load adjustment necessitated by production, or development of new course materials and/or the revision or improvement of the original project.
- Any distribution of gross receipts agreed upon in accordance with this policy paper shall continue under the terms of the agreement, regardless of the author's termination from employment with UWM.
C. Outside Resource Person
Fees for outside consultant(s) or other participants in a project shall be negotiated between the responsible author and the consultant or participant. Any agreement for the payment of fees shall include a waiver by the consultant or participant of any ownership interest, including any copyright or other intellectual property interest in the resulting materials.
7. Administration and Review of Guidelines
A. Administration of these guidelines shall be vested in the Chancellor or his/her designee.
B. These guidelines may serve as the basis of contract between the author and UWM.
C. These guidelines may serve as the basis on contract between the author and UWM.
1 Ownership interests acquired by the UW System under this
policy vest and are taken in the name of "The Board of Regents of the University
2 "Author" as used in this policy means the authors, artists and other creators of instructional materials and may include faculty, staff, or students who, as a regular
part of the instructional program, become participants in the creation of copyrightable materials.
SAMPLE COPYRIGHT AGREEMENT AND ASSIGNMENT
This agreement is between the Board of Regents of the University of Wisconsin System on behalf of the University of Wisconsin-Milwaukee, Department (or School) of ______________________
(hereinafter "UW-Milwaukee" and___________________ , [hereinafter "Author(s)"].
Whereas it is the policy of the UW-Milwaukee to disclaim copyrights to the Works produced by its employees created during the course of their employment except as stated in General Administrative Policy and Procedure Paper #27 (hereinafter GAPP 27); and
Whereas the parties agree that an exception, [substantial university support/extramural funding] applies to a specific Work (to be) created by the Author(s) and the UW-Milwaukee claims a copyright interest in the Work:
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows:
1. The "Work" for purposes of this agreement is described as:
2. The Author(s) agree(s) that all right, title, and interest in the Work, including subsidiary rights and the right to maintain copyright in the name of the
Board of Regents of the University of Wisconsin System, is, or shall be by assignment through this agreement, exclusively vested with
3. The Author(s) warrant:
- that the Work does not infringe any valid copyright or other property right of any other person;
- that the Author(s) have the power to convey all rights granted and assigned in this agreement;
- that the Work contains no libelous, defamatory or other unlawful material and Author(s) (jointly and severally) agree(s) to hold UW-Milwaukee harmless from any claim, suit or proceeding based on the grounds that the Work contains such harmful
matter, and agrees to indemnify UW-Milwaukee for reasonable expenses incurred in defending, settling, or otherwise responding to such claims; and that the copyright has not been assigned previously nor the Work published.
- If the work includes any copyrighted material not in the public domain, the Author(s) will obtain permissions for the use of such material, and provide copies of such permissions to UW-Milwaukee before the Work is published. The cost for obtaining the permission shall be borne by the [Author(s)/UW-Milwaukee][choose one].
- If UW-Milwaukee intends to revise or publish future editions of the Work, it hereby grants the right of first refusal to the Author(s) to modify or edit the Work on behalf of UW- Milwaukee. If Author(s) do(es) not provide an acceptable revision within a reasonable time or should Author(s) be deceased, unable or unwilling to revise the Work, UW- Milwaukee may have the revision or edition prepared and may deduct the authorship cost from the Author(s) royalties. UW-Milwaukee agrees that the Author(s) shall have an opportunity to read and correct the edited or modified manuscript in proof if the Author(s) so request(s) in writing within ten (10) days of the completed revisions or edition by UW-Milwaukee. UW-Milwaukee will consult with Author(s) when the Work is considered for use other than the ones for which they were produced. If UW-Milwaukee continues the use of the Work or authorizes its use by others contrary to the recommendation of the Author(s), UW-Milwaukee shall not advertise or present the Work as the work of the author.
- The Author(s) will not, without written consent of UW-Milwaukee publish any abridged or other version of the Work, any derivative work, or any Work of a similar character tending to interfere with sales of the Work covered by this Agreement. Such consent will not be unreasonably withheld.
- When the Work is complete and acceptable for publication, UWBMilwaukee shall perform, at its discretion, reasonable efforts to market the Work.
- A royalty statement shall be prepared by UW-Milwaukee as of [ date ] of each year of publication, and within _____ days thereafter UW-Milwaukee shall pay the appropriate royalty based on the following schedule:
Prior to recovery of UW- ______________costs:
*NOTE: Multiple authors will share this amount as agreed to among themselves and give written notice to UW-Milwaukee of their agreement.
After recovery of UW-Milwaukee costs:
Author(s)__________  _______ %*
Department __________________ %
[School] ____________________ %
The distribution of royalties to Author(s) shall continue under the terms of this Agreement regardless of the Author(s) termination of employment with UW-Milwaukee.
- Notwithstanding the above, royalty accounting and payments will be discontinued when, for two (2) successive royalty periods, earned royalties from all sources do not exceed [twenty-five ($25.00)].
- If UW-Milwaukee determines that further publication of the Work is not desired it shall have the right to terminate this Agreement by sending written notification to the Author(s). Upon such termination, the Author(s) may request in writing that UW-Milwaukee assign the copyrights to the Author(s). Approval of such request will not be unreasonably withheld.
- This agreement and its attachments, if any, incorporated herein, constitute the entire understanding between the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral and written, relating hereto, and may be amended at any time only in a writing signed by both parties.
- The delay or failure of any party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights, nor shall the same be deemed to be a waiver of any subsequent breach, either of the same provision or otherwise.
- This agreement shall be governed by and construed under the laws of the State of Wisconsin, which shall be the forum for any lawsuits arising from or incident to this Agreement.
IN WITNESS THEREOF, the parties have accepted and executed this Agreement on the dates indicated below.
|For the Board of Regents of the||
|University of Wisconsin System|
|on behalf of UW-Milwaukee:|
SAMPLE WORK-FOR-HIRE AGREEMENT
AGREEMENT FOR PERSONAL SERVICES
This agreement is between the Board of Regents of the University of Wisconsin System, on behalf of UW-Milwaukee (hereafter, "UW-Milwaukee" and _________________ (hereafter, "Contractor"). For and in consideration of the mutual promises set forth below, the parties agree:
Accepted and executed by the parties on the dates indicated below:
|Contractor||Board of Regents of the University of|
|Wisconsin System on behalf of UW-|
|Milwaukee, by [name of contracting] officer|
|Date ________________||Date _______________|
SAMPLE LETTER REQUESTING PERMISSION TO USE COPYRIGHTED MATERIALS
Dear [copyright holder]:
UW-Milwaukee requests permission to copy and use the following material:
Edition to be duplicated and year of copyright:
Material to be used [i.e., amount, page numbers, chapters of the material]:
Period of intended use:
Method of reproduction:
Nature and purpose of use [teaching, research, etc.]:
Form of distribution:
Whether or not the material will be sold:
Number of copies:
Please advise me not later than ___________________, whether permission is denied, granted or conditioned on any specific additional terms.
Thank you for your assistance.
[Authorized institutional representative]