Board of Visitors minutes :: May 29, 1998 :: University of Virginia Library

All potentially valuable, copyrightable materials in which the University may have an interest under the provisions of this policy shall be promptly reported in writing by University personnel concerned through the department head and dean to the Associate Provost for Research, for the purpose of determining whether and to what extent the University has a proprietary interest in the material. If more than one individual participated in the work's development, the report shall indentify the percent of each participant's interest, and shall be signed by all participants. The report shall include a complete disclosure of the identity of all persons participating in the development, and of the subject matter of the materials concerned. The participants shall furnish additional information and execute documents fromr time to time as the Associate Provost for Research may reasonably request.

b. Responsibilities of the Associate Provost for Research

The Associate Provost for Research is responsible for the implementation and administration of this copyright policy and for securing copyrights in the University's name.

The Associate Provost for Research shall:

Develop standards and procedures appropriate f or the implementation of this policy;
Advise the author as to ownership of copyright in a work;
Promptly consider all reports of materials and determine the circumstances of creation to establish whether the work involved significant use of University facilities, personnel or resources, was a work made for hire, or was the product of the-creator's initiative. Such deter- minations will be made within 30 days;
Determine whether to copyright a work. in the Univer- sity's name, or to waive some or all of those rights in favor of the work's creator;
Determine whether the copyrightable work in which the University holds an interest is marketable, and if so, take appropriate steps in behalf of the University for marketing the work, including transferring the University's rights to the Alumni Patents Foundation or another entity;
Establish guidelines for distribution of royalties when the University and the work's creator share in the copyrights;
Distribute royalties accruing to the University as a result of the implementation of this policy.

In any case where the rights of the University and of any employee appear to be in conflict, the Associate Provost for Research shall make a finding as to ownership and shall report such finding to the Provost for final resolution.

c. The Provost

The Provost shall:

Approve the standards and procedures and any amendment thereto developed by the Associate Provost for Research for the implementation of the Copyright Policy;
At the request of any interested party or on his own motion, review any determination of the Associate Provost. The Provost may affirm, modify, or reject any determination of the Associate Provost for Research, and may make his own determination if the Associate Provost does not make a determination within 30 days after the work was reported;
Conduct an annual review of the copyright program with the Associate Provost for Research.

d. The Office of Sponsored Programs

In implementing the Copyright Policy, the Office of Sponsored Programs shall:

Inform the Office of the Associate Provost for Research of all requirements regarding copyrights in any grant or contract accepted by University of Virginia;
In conjunction with the office of the Associate Provost for Research, provide all copyright and other pertinent information as required by the terms of a grant, contract, or agreement to which the University is a party.