A. GENERAL

Copyright basics:

Anything that is fixed in a tangible medium is copyrighted (i.e., anything that is in written form, or that can be performed, videotaped, put on the Internet, photographed, drawn, etc.) Examples of "Copyrightable Works" include, but are not limited to:

  • works of literature
  • music
  • drama
  • pantomime
  • choreography
  • sculpture
  • audiovisual
  • computer data bases and software

Another way of looking at it is that patents protect ideas, but copyrights protect the expression of ideas. Generally speaking, a copyright prevents someone else from copying your work.

Copyright protection begins, automatically, the moment the work is created. Even though notices are no longer required by law, it is a good idea to place a notice (year, author/owner) on the work to give notice to potential infringers. Otherwise infringement may take place with the claim that it was assumed no copyright was in effect (since there was no notice).

Copyrights do not need to be registered, but if the potential value of the copyright is such that legal action against infringements is likely, a registered copyright (with the U.S. Copyright Office) will allow recovery of statutory damages of up to $20,000 for nonwillful infringement and up to $100,000 for willful infringement. Registration is simply a matter of filling out a disclosure form and sending it (along with a small fee payment) to the U.S. Copyright Office.

A copyright allows the owner to control the replication and use of the work. For copyrights owned by the author/creator, the copyright lasts for his or her life, plus 70 years. For works for hire, anonymous, or pseudonymous works, the life of a copyright is 95 years from the year of publication or 120 years from the year of creation, whichever expires earlier.

For a detailed discussion, visit this site: Copyright Basics (Copyright Office, Library of Congress)

Useful reference materials and websites:

U.S. Copyright Office

The Copyright Website

General information about copyrights from the law firm of Oppedahl & Larson LLP.

Copyright Crash Course from the University of Texas, Austin

Copyright Management Center from Indiana University

U.S. Copyright Office Forms


B. RIGHTS

UCCSN and UNLV policies specifically mention the following as "copyrightable works"

  • books, journal articles, texts, glossaries, bibliographies, study guides, laboratory manuals, syllabi, tests and proposals
  • lectures, musical or dramatic compositions, unpublished scripts
  • films, filmstrips, charts, transparencies and other video or audio broadcasts
  • programmed instructional materials computer-based programs, media and documentation (includes software or computer code or their representation in forms such as CD-ROM, video disk, compressed video, web-based material, and the like)

Ownership of copyrights at UNLV

  • All rights remain with the author/creator unless

    1. the work is a work for hire (and copyright vests in UNLV under copyright law),
    2. is supported by a direct allocation of funds through UNLV for the pursuit of a specific project, is commissioned by UNLV,
    3. is created with the significant use of UNLV administered resources, or
    4. is otherwise subject to contractual obligations.

  • UNLV does not claim ownership of

    1. books, articles and similar works, the intended purpose of which is to disseminate the results of academic research or scholarly study
    2. works of students created in the course of their education, such as dissertations, papers, and articles
    3. popular nonfiction, novels, poems, musical compositions or other works of artistic imagination which are not institutionally commissioned works or which were not created with the significant use of UNLV administered resources

  • If title to copyright vests in UNLV by law, UNLV will, upon request and to the extent consistent with its legal obligations, convey copyright to the creators of such works.

  • UNLV shall retain ownership of works created as institutional rather than personal efforts -- that is, works created for UNLV purposes in the course of the author/ creator's employment. For instance, work assigned to staff programmers is "work for hire" as defined by law (regardless of whether the work is in the course of sponsored research, unsponsored research or other activities), as are software and computer-based media developed for UNLV purposes, and UNLV owns all rights, intellectual and financial, in such works.

  • UNLV owns all rights in works created in the course of scholarly projects specifically funded by UNLV sponsored agreements or other UNLV funds.

  • Commissioned works of non-employees are owned by the author/creator and not by the commissioning party. Unless there is a written agreement to the contrary, commissioned contractors must agree in writing that ownership to copyrightable materials is assigned to UNLV.

Some Special Considerations

  • The following are excluded from a definition of "significant use of UNLV space, facilities, or funds":

    1. office or library facilities or traditional desktop personal computers
    2. the payment of salary from unrestricted accounts, except in those situations where the funds were specifically paid to support the development of inventions or copyrightable works.

  • Copyrightable works generally excluded from "significant use" criteria:

    1. Textbooks (including computer-based programs and media with information content synthesizing knowledge in specified academic disciplines and subdisciplines) developed in conjunction with class teaching, unless such textbooks were developed using UNLV administered funds paid specifically to support development of these works.

    2. Other works that fit all of the following criteria:

      1. only a minimal amount of unrestricted funds have been used;
      2. the work was created outside of the assigned duties of the inventor or author/creator;
      3. only a minimal amount of time has been spent using significant UNLV facilities or only insignificant facilities and equipment have been utilized;
      4. the development of the work was made on the personal, unpaid time of the inventor or author/creator.

  • Any videotaping, broadcasting or televising of classroom, laboratory or other instruction, and any associated use of computer-based equipment or media, must be approved in advance by the appropriate institutional administrators, who shall determine the conditions under which such activity may occur and resolve questions of ownership, distribution, and policy. All such activities also must comply with the provisions of the federal Family Educational Rights and Privacy Act of 1994 (FERPA), and appropriate administrators shall ensure this compliance.

  • In the case of course materials created and/or packaged in conjunction with Distance Education for electronic delivery of UNLV courses to remote sites, UNLV shall retain ownership.


C. FAIR USE

D. REVENUE

Distribution of royalties from UNLV owned copyrightable materials

  • Distribution is based on the total income from the sale or distribution of UNLV owned copyrighted works less all payments or obligations directly attributable to copyrighting, marketing, licensing, protecting or administering the work (i.e., "net income/royalties"). Net income is determined by deducting appropriate direct expenses, plus a percentage for administrative costs.

  • When an invention or copyrightable work results in net income to the institution, proceeds shall be divided into shares (a) for the inventor or author/creator(s), (b) for the research unit or department of the inventor or author/creator(s), and (c) for the institution.

    • For the first $100,000 in net proceeds, the distribution shall be (a) 60%, (b) 25%, and (c) 15%.

    • For net proceeds between $100,000 and $1,000,000, the distribution shall be (a) 40%, (b) 25%, and (c) 35%.

    • For net proceeds in excess of $1,000,000, the distribution shall be (a) 20%, (b) 30%, and (c) 50%.

  • The institutional account shall be managed by the Intellectual Property Officer for the stimulation of technology transfer or for other such uses as deemed appropriate by the President.

  • Prior to any distribution net income must be determined, and royalty sharing agreements must be completed and signed by all recipients.

  • Individual recipients may receive their shares as direct personal payments, deposit the funds in an unrestricted University account under their control, or combine these two options.

  • An individually owned copyrighted work must be assigned to UNLV if institutional resources are to be used to promote commercialization of the work.


University of Nevada, Las Vegas  
 

Revised 03/23/00
Relevant UNLV Offices Legal Basis and Background Use of Copyrighted Materials Relevant Policies Introduction