The University of Wisconsin Oshkosh
Policy # [####]
Copyright and Ownership Policy (GEN 4.A)
GEN 4.A.1. Overview.
The University of Wisconsin Oshkosh provides support to members of its academic community for a variety of activities in addition to assigned teaching responsibilities. In some instances, a result of the activity is a project involving ownership rights, including copyrights, patents and royalties or a prize awarded to the author.
The UW System copyright policy (GAPP #27) associates ownership rights with the degree of University support and the purpose for which the support was given. The categories defining this relationship are as follows:
(1) No University support;
(2) Minimal University support (no salary or released time);
(3) Substantial University support;
(4) Assigned duty or work-for-hire arrangement;
(5) Support from extramural sponsor.
The University asserts no ownership claim in categories 1 and 2. It indicates that ownership may be claimed in category 3, although the University may choose not to do so. In category 4 ownership resides with the University, with some royalties going to the author. Projects supported from extramural sources are subject to the terms of the funding agency.
GEN 4.A.2. Ownership Policy.
The following sections have been developed within the general guidelines of UW System policy. They further define the ownership policy for various types of university-supported projects.
(1) Projects in the Teaching, Research, Professional Development Semester, and Individually Planned Program Components of the Faculty Development Program and the Sabbatical Program fall into category 3,Substantial University support. The University is required to develop an agreement with the author on an equitable distribution of copyright and ownership rights. It is not required to claim the copyright or ownership rights.
The assertion of University rights normally occurs in cases of materials directly related to instruction, which is not normally the case with research and professional development projects. It is also understood that awards in these components are made for scholarly activity and professional development. Whether the results are published, sold or submitted in competitions with monetary prizes is not a criterion for the award.
(2) Projects in the Needs Component of the Faculty Development Program fall into category 4, Assigned duty or work-for-hire arrangement. Copyright and ownership rights belong to the University. Any royalties resulting from the sale of materials shall be distributed according to the following schedule.
Department/unit of Author: 90%
Department/unit of Author: 10%
Notes: (1) Pre-amortization refers to the recovery of University direct costs. (2) For royalties accruing from projects supported by the Faculty Development Program, the Department/unit of Author shall refer to the Faculty Development Program.
Upon accepting the award, the faculty member shall agree in writing that the University shall hold the copyright and ownership rights and that royalties shall be distributed according to the established schedule.
(3) Projects in the Off-Campus Component fall into category 3,Substantial University support. In some cases, prizes may be associated with the activity of the faculty/academic staff member in the off-campus experience. The primary criterion for the Off-Campus Program is the professional development of the applicant. As in the Teaching, Research, Professional Development Semester, Individually Planned Program, and Sabbatical Programs, the University is concerned with the professional development implications of off-campus activities. It would note receipt of a monetary prize as recognition of a faculty/academic staff member’s performance, but the University would not assert any claim to that prize because it was supporting a professional development experience rather than a chance to acquire a prize.
(4) Projects in the Institute Component will be evaluated according to the guidelines 1 and 2. An ownership determination then will be made on the basis of this evaluation.
(5) Projects with substantial University support from sources other than the Faculty Development and Sabbatical programs may fall into category 3 or category 4. For purposes of determining ownership and copyright, an agreement shall be made between the faculty/academic staff member and the college or unit head when the contractual arrangement is made using the guidelines on the type of project described in this policy.