Article 23: Copyrights, Patents and Author’s Rights

23.01 Except as dealt with in Clauses 23.05 and 23.06, the Board makes no claim to the copyrights in books, articles and similar material in the print or digital media written or prepared by any Member. The Board makes no claim to the copyright of any work of art, such as painting, sculpture, music or the like, created by any Member. The Board, therefore, undertakes to transfer to those Members who are the authors, and hereby transfers to those Members who are the authors, the copyrights of all material they have created in the print or digital media and in works of art.

23.02 The Board undertakes to transfer, and hereby transfers, to those Members who are the authors, any and all rights in regard to computer programs. The Board shall have free use of any program developed in the course of the administrative duties of Members, and of any program developed to process Dalhousie University data and records, and of any program developed for use in the degree Programmes of Dalhousie University. Such free use shall cease one year after the termination of the employment of the Member who holds the copyright. The Board may acquire continued use of such computer programs on payment of an appropriate fee.

23.03 Members are sole copyright holders in their own lectures. The Board shall give every reasonable assistance to Members to prevent publication, recording or broadcasting of lectures not authorized by the Members concerned.

23.04 The copyright of any recorded work, such as film, videotape, audio recording and the like, belongs to the Member who is the creator of its content.

23.05

(a) A Member whose workload includes editing a journal or magazine published by Dalhousie University shall not own any copyrights therein save and except for articles, reviews or literary pieces written by the Member.

(b) Continuing Education Members shall have the same rights under Article 23 as all Members except that Continuing Education Members shall not own any copyright in materials which are produced for use in the College of Continuing Education programs or produced under the terms of a contract or externally funded project arranged on behalf of the College of Continuing Education or the University or except as may otherwise be agreed in writing by the Board and the Member.

23.06

(a) Members agree to waive any claim for monetary compensation arising out of copyright claims in relation to teaching manuals produced internally within the University as part of their workload, provided that such manuals are sold only within the University at a price set to recover direct costs (i.e., paper, bindings, salaries of support staff, and duplicating costs, but not honoraria or similar payments) or less. If the Board sells at a price higher than direct costs or sells to the general public, then the Board shall pay to the Member(s) who holds the copyright in the teaching manual a ten percent (10%) royalty on all such sales.

(b) If the Member agrees in writing that his or her workload as specified in Article 20 shall include the production, without any direct funding other than salary, of a recorded work, textbook, printed lectures, laboratory notes or other teaching materials, except for teaching manuals as provided in Clause 23.06(a), the Board may use such materials in its educational Programmes. This right shall cease five years after the termination of employment by the Member. However, the Board may arrange for continued use of the material upon payment of an appropriate royalty or fee.

23.07 The Board will do its utmost to make available to Members, without cost, production facilities and funds necessary to produce recorded works for use in Dalhousie University’s educational Programmes. Priority for the amount of funds and the kinds of facilities shall be determined by the Senate.

23.08 Where a Member has copyright in a recorded work produced with the assistance of direct funding by the Board or with the use of Dalhousie University production facilities, free of charge or substantially less than the local commercial rates, the Member shall grant to the Board a license to use the recorded work in its educational Programmes, including the right to grant others permission to use the work for that same purpose in Dalhousie University. Such license shall cease one year after the termination of the employment of the Member who holds the copyright. The Board may acquire continued use of such work for the above purpose on payment of an appropriate fee.

23.09 The Member directly, or through the agency of the Association, shall establish a fee to be charged to third-parties wishing to use work recorded under the conditions given in Clause 23.08. If agreement on such a fee cannot be reached within thirty days of a request by the Member, an appropriate fee shall be set by the Committee on Patents and Copyrights, set up in accordance with Clause 23.13.

23.10 Any fees or royalties or other income received by the Board as a consequence of the exploitation of work recorded under the conditions given in Clause 23.08 shall be distributed fifty percent to the Member and fifty percent to the Board.

23.11 Members who believe their work recorded under the conditions given in Clause 23.08 is unsatisfactory for a proposed use due to dating or other good reason, shall have the right to require the said work to be amended on the same terms as the original production or to require its use to cease.

23.12 Where more than one copyright holder has an interest in a work recorded under the conditions given in Clause 23.08, each copyright holder shall exercise his or her rights with respect to his or her contribution, providing that contribution may be erased without destroying the value of other contributions to the same recording or series. Disagreements between the holders of shared copyrights in such recorded material shall be referred to the Committee on Patents and Copyrights set up in accordance with Clause 23.13.

23.13 The Board and the Association shall continue the Committee on Patents and Copyrights composed of two members appointed by the Board and two Members appointed by the Association. The chairperson of this committee shall be, at alternate meetings, one of its members appointed by the Board then one of the Members appointed by the Association.

23.14 The Committee on Patents and Copyrights shall meet within fifteen (15) days of a case having been referred to it. It shall consider copyright and patent cases referred to it by Members as well as those referred by the Board, including disputes over fees. The committee shall render a decision within two months of receipt of a request.

23.15 The Board makes no claim to any invention, improvement, design or development made by a Member without the use of the Board’s funds or support or technical personnel. The payment of a regular salary to a Member and the provision of an academic environment in which to work shall not be construed as the use of the Board’s funds or support or technical personnel in interpreting this Clause 23.15 or others in Article 23. Any claim that the Board may wish to make on any invention, improvement, design or development made by a Member shall be stated in writing at the time monies other than regular salary or support or technical personnel are provided.

23.16 Members have no obligation to seek patent protection for the results of their work or to modify their research to enhance patentability. Members also have the unqualified right to publish their inventions, improvements, designs and developments.

23.17 Members shall have the right to process applications for patents and the right to process such patents either on their own or through Nova Universities Technology Inc., or other similar agency with which the Board may have an agreement. The Board agrees not to modify, change, alter or abandon its agreement with Nova Universities Technology Inc., or other similar agency without consulting the Association through the Association-Board Committee.

23.18 Members who process applications for patents through the Board’s agreement with Nova Universities Technology Inc., or other similar agency may be required to sign an agreement governing proceeds and other terms.

23.19 Where Members make their own arrangements to patent an invention which has involved the use of the Board’s funds or support or technical personnel, such Members shall grant fifty percent of the net proceeds to the Board.

23.20 Disputes about patents may be referred to the Committee on Patents and Copyrights.