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ACADEMIC POLICIES & PROCEDURES

General Policies

Patents/Copyrights

Patent-Policy General Statement

It is in the best interests of the Board and the State of Oklahoma to encourage faculty and staff members of the Universities to undertake creative endeavors and to receive recognition thereof.

The individual or individuals who make the discoveries or inventions which become the property of the University under this Policy will share in income derived by the university from the marketing of such inventions and patent rights based thereon according to such terms as the president of the university shall direct. All discoveries or inventions, whether patentable or unpatentable, and including any and all patents (domestic and foreign) based thereon and applications for such patents, which are made or conceived by any member of the faculty, staff, or student body of the university, either in the course of employment by the university or substantially through the use of facilities or funds provided by or through the university shall be the property of the university; and all rights therein shall be assigned, licensed, or otherwise commercially exploited as directed by a duly authorized officer of the university, who shall be designated by the president of the university. Any and all benefits accruing to the university and derived from such discoveries or inventions will be used to further the research enterprise of the university. The university through its president, or an officer of the university designated by the president, may recognize the contract with patent service organizations, such, for example, as University Patents, Inc., or Research Corporation, in regard to obtaining, maintaining and marketing of patent rights (domestic and foreign) based on discoveries or inventions which are or shall become the property of the university pursuant to this Policy. It is not contemplated that this Patent Policy shall extend to and include questions of copyright ownership.

Copyright Policy

The Board recognizes and encourages its faculty, staff, and student body to participate in creative and scholarly activities as an inherent part of the educational process. It is the broad policy of the Board to promote creativity and scholarly activities and to expand the frontiers of human attainment in those areas to which the pursuits of the University is dedicated.

Basic Copyrights

Copyrights are created by the constitution and the laws of the United States to promote the progress of science and the useful arts by securing for limited times to authors the exclusive rights to their works and writings. The basic objectives of the Board policy concerning copyright include the following:

  1. To maintain the Board academic policy of encouraging research and scholarship as such without regard to potential gain from royalties or other income;
  2. To make copyright materials created pursuant to university objectives available in the public interest under conditions that will promote their effective utilization;
  3. To provide adequate incentive and recognition to faculty and staff through proceeds derived from their works.

Copyright Ownership and Royalty Distribution

  1. Under the Copyright Revision Act of 1976, 17 U.S.C. § 101 et seq. (1976), works of original authorship are protected by copyright from the time they are fixed in a tangible medium of expression, now known, or later developed.
  2. All Board personnel, in accordance with the Board policy and basic objective of promoting creative and scholarly activities, are free to develop, create, and publish copyright works.
  3. Copyrighted works produced by the Board faculty and staff are the property of the creator of that work. All rights afforded copyright owners under § 106 of the Act reside with the creator unless he/she has assigned or licenses any of the enumerated rights. Decisions relative to registering of these works with the Copyright Office are left to the individual creator.
  4. Copyright in works specifically commissioned by the university under § 201 (b) of the Act shall belong to the university. As copyright owner, the university shall make decisions relative to registering commissioned works. Royalties for university commissioned copyrighted works may be shared by the university and the creator(s) of the work. The terms of any grant or contract relative to royalties shall take precedence over this policy should there be a conflict between them. Disputes arising over royalty sharing for university-commissioned works shall be referred to the general counsel for the Board.
  5. Works produced under a specific contract or grant agreement between the university and a governmental or other agency or organization are subject to the terms of the grant or contract for purposes of copyright. If copyright ownership is not specified, such rights shall reside in the creator.
  6. Where university service units (such as a media production department) are involved with the production of a substantially completed copyright product, royalties shall be distributed between the copyright owner, i.e., faculty or staff creator, and the university as provided for in a written agreement concluded prior to work being done.
  7. However, in those instances in which a written agreement has not been finalized prior to the completion of the copyright product, the standard distribution of royalties will be provided to creator with 50 percent of the net income when mass production and distribution are accomplished by the university; 50 percent of the gross income when mass production and distribution are accomplished by an outside entity. If this standard is unacceptable to either party, the matter shall be referred to the university president.