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UT Copyright Policy
by Don Wedding
The Jacobs Administration is drafting a proposed new copyright policy 3364-70-14 dated March 1, 2009 that will be a reversal of prior UT copyright policy and will also be in conflict with Article 17.2 of the AAUP TT&T Collective Bargaining Agreement and Article 28.2 of the AAUP Lecturers' Collective Bargaining Agreement. This proposed new copyright policy 3364-70-14 reads in part:
"A copyrightable material or work shall be owned by the employee when it is originated by the employee without Significant Support from the University. Such materials or works shall include employee-authored books, journal articles, research studies, musical works, syllabi, distance learning courses, workbooks, examinations, and tests. Notwithstanding the above, the University shall be entitled to a royalty-free, nonexclusive, irrevocable license to reproduce, translate, publish, and use any such copyrightable material or work for educational purposes." [emphasis added]
The AAUP did a comprehensive study of copyright policies of universities throughout the United States and did not find any university policy that claimed the copyright for faculty creations. These reviewed policies give the copyright without reservation to faculty who create a work such as art, music, a textbook, or software. A few universities claim limited rights where the university substantially finances the creation. Copyright ownership was discussed in depth at the bargaining table with the UT Administration after the Office of Research and Development headed by Dr. Frank Calzonetti demanded that UT own all faculty copyrights especially on text books and software. After this was repeatedly rejected by the AAUP, the Administration and UT BOT agreed to Articles 17.2 and 28.2 in the TT&T and Lecturers' Collective Bargaining Agreements. Articles 17.2 & 28.2 read in part:
"In accordance with the custom established in institutions of higher education, copyright ownership of textbooks and manuscripts and royalties resulting therefrom belong to the author(s) thereof unless the copyrightable material is generated with significant financial support from the University. Such materials or works shall include member-authored books, journal articles, research studies, musical works, syllabi, distance learning courses, workbooks, examinations, and tests."
The Office of Research and Development is now attempting to use policy changes behind the scenes to acquire copyright rights denied at the bargaining table. AAUP bargaining unit members are covered by Copyright Articles 17.2 and 28.2 of the Collective Bargaining Agreements. The new copyright policy 3364-70-14 is null and void to the extent it conflicts with Article 17.2 or 28.2. AAUP bargaining unit members are advised to read Articles 17.2 or 28.2 and contact the AAUP if there are any questions.
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