Copyrights

Policy Statement    

Adelphi University (hereinafter referred to as the University) is committed to

providing and ensuring an academic environment that supports and facilitates
teaching, creativity and scholarly research in an atmosphere of academic freedom.
This policy sets forth the rights and responsibilities of the university, its faculty,
students, and employees in creating and using copyrighted works. This policy
applies as well to all persons affiliated with the University, including research
collaborators, visiting researchers, consultants, and contractors when their
copyrighted work results in whole or in part from the use of University facilities or
resources. This policy also sets forth equitable remuneration resulting from
copyrighted works where ownership is retained by the University, as well as the
conditions under which ownership would be retained.

Ideas and facts cannot be copyrighted. Copyright law protects the tangible
expression of original works of authorship and describes the categories of works
that may be copyrighted. Copyright owners have certain exclusive rights, subject to
the “fair use” exception, which permits some limited use of copyrighted materials
without prior permission or obligation to the author.
The University strives to protect the traditional rights of scholars with respect to the
products of their intellectual endeavors while recognizing that when the University
provides support that is beyond what is normally provided, either with money,
facilities, equipment or staff, for the development of copyrighted works, it is
reasonable for the University to participate in the fruits of the enterprise and/or be
reimbursed for any costs associated with this support.

Examples of copyrightable works include, but are not limited to: creative or artistic
works, books, texts, articles, monographs, glossaries, bibliographies, study guides,
laboratory manuals, syllabi, tests and work papers; lectures, musical and/or
dramatic compositions, unpublished scripts, films, filmstrips, charts, transparencies,
other visual aids; video and audio tapes, cassettes, discs, and DVDs ; computer
programs, live video and audio broadcasts; programmed instruction materials, web
courses, drawings, paintings, sculptures, photographs, and other works of art. The
term Creator will apply to any faculty member, student, employee or any other
person listed above who creates a copyrightable work that falls under this policy.
Reason for Policy    

The following objectives shall govern the development and application of the
University’s Copyright Policy:

1. Encourage the concept that copyrightable works produced at the University

should be used for the greatest possible public benefit;
2. Specify the University’s responsibilities and privileges to encourage and
promote intellectual scholarship and creativity;
3. Specify the responsibilities and privileges of faculty, staff and students, and
any other person listed above who creates a copyrightable work that falls
under this policy when creating and using copyrightable works that utilize
University resources, facilities and/or funds; and,
4. Clarify copyright ownership rights.

Who is Governed by this Policy    

Faculty, Staff, Students 

 

Policy   

Publication of Scholarly and Artistic Works

By longstanding academic custom and tradition, faculty, teaching assistants, and

graduate assistants are free to publish scholarly and artistic works (hereinafter
referred to as Scholarly and Artistic Works) they have created, such as books,
monographs, journal articles, musical compositions, and artwork in pursuit of their
scholarly and research activities. Nothing in this policy shall be construed to
override this basic academic custom and tradition.

Ownership, Rights and Responsibilities of Copyright

Except as specifically set out below in this Section, ownership of traditional

Scholarly Works will be retained by the Creator of such works, whether in print,
electronic or other form.

Faculty, teaching assistants and graduate assistants also own copyright in

pedagogical materials developed in the regular course of teaching, using resources
ordinarily available to all or most faculty members and as defined below in the
section on Use of Substantial University Resources. However, when such materials
are created at the direction of the University, they will be owned by the University.
When such materials are created by teaching or graduate assistants at the direction
of a faculty member, these materials will be owned by the faculty member.
Notwithstanding the foregoing, the University will retain the right to use such
materials internally for pedagogical, scholarly or administrative purposes, even if
the Creator leaves the University for any reason.

Students will own the copyright to works created as a requirement of their

coursework, degree, or certificate program. However, the University will
nevertheless retain the right to use student works internally for pedagogical,
scholarly, and administrative purposes.

1. Subject to the traditional freedom to own and publish Scholarly and

Artistic Works as described above, the University will retain ownership of
copyright for the following types of works:
a. Works that are created at the University’s direction, unless the
University enters into a written agreement that provides otherwise
b. Works that are created by University staff (non-faculty) within the
scope of their employment
c. Works created by faculty administrators, within the scope of their
administrative responsibilities
d. Works that are created by students in their capacity as employees
of the University within the scope of their employment
e. Works that are created as a result of external funding where the
terms of the funding require that copyright be in the name of the
University, or any other agreed upon arrangement.
The University may elect to retain copyright to works created with the Use of
Substantial University Resources, as defined below.

When works are created collaboratively with other entities or institutions, the
University’s interests and rights in such works shall be recognized and protected
consistent with this policy.

When consultants or contractors are retained by the University, such consultants or

contractors should execute a written agreement that assigns copyright ownership to
the University.
2. In cases where the University owns the copyright in materials created by
any person listed above who creates a copyrightable work that falls under
this policy, the University will make best efforts to:
a. Recognize the contribution of the Creators
b. Provide the Creators with the first opportunity to make revisions to
the work (subject to reasonable deadlines and administrative
review)
c. Entertain requests for revisions and updates by the Creators
d. Consult with the Creator before undertaking a commercialization
effort
e. Allow Creators to remove their names upon request
f. Allow use of the work in professional contexts that do not create a
conflict of interest
 g. Entertain requests by the Creators for transfer of ownership to the
Creators.
3. In cases where the Creator retains ownership of the copyright, the
Creator:
a. Is encouraged, but not required, to appropriately acknowledge the
University’s support
b. Will not use the University’s name or logos in connection with the
work without the University’s permission, beyond identifying the
affiliation of the Creator
c. Will not use the University’s name in a manner that suggests
endorsement or commercial association.
The University may, at its sole discretion, waive or release all or a portion of its
ownership rights to any intellectual property upon such conditions as the University
deems appropriate. Where it is determined that the University is entitled to
ownership rights, the University can waive its rights to creation and release the
intellectual property to the Creator at any time.

Use of Substantial University Resources

As described under Ownership, Rights and Responsibilities of Copyright,

above, the University may elect to retain copyright to works created with the use of
Substantial University Resources. Use of Substantial University Resources refers to
the use of University funds, facilities, equipment or other resources not ordinarily
available to all or most faculty Creators, and may, but would not always, include
external research funding used to create the work, paid or release time awarded to
support creation of the work, where the University elects to retain copyright and so
informs the faculty, use of University laboratories, use of special equipment or
instrumentation, and dedicated use of University employees.

The University will not invoke its right to retain copyright to works created with the
Use of Substantial University Resources except in the most clear-cut cases. Use of
any or all of the following resources ordinarily available to all or most faculty are
not considered Use of Substantial University Resources: academic year salary and
benefits, salary received on sabbatical, research or other release time (except
where such release is given in explicit support of a defined project where the
University elects to retain copyright and so informs the faculty member in advance),
office space, library resources, internal research grant support, personal computers
and computer infrastructure, normal use of secretarial staff and supplies, and use of
instructional support services.

The University will not invoke its right to retain copyright to works created with the
Use of Substantial University Resources in the case of Creators using University
facilities and resources in the creation of works of artistic imagination.

Whenever a Creator embarks on a project which may make Use of Substantial

University Resources, the Creator should seek guidance from the University before
commencing such project with respect to whether or not substantial use is involved,
and in order to assess whether or not a claim of copyright will be invoked.
Fair Use

The fair use provision of the copyright law (section 107) is an important exception
to the exclusive rights of copyright owners. Fair use must be determined on a case
by case basis by applying guidelines under the following criteria: 1) The character
of the use including whether it is for commercial or not-for-profit educational
purposes, 2) The nature of the copyrighted work to be used, 3) The amount of the
copyrighted work used in proportion to the whole, 4) The effect on the potential
commercial market. In addition, the TEACH Act (Technology, Education, and
Copyright Harmonization Act) of 2002 applies copyright law to digital resources
used in distance education as per the Digital Millennium Copyright Act hereinafter
referred to as (DMCA) of 1998 applies to access to and copying of digital materials.

Members of the university community must exercise fair use rights appropriately in
teaching, research and service activities. Since defining fair use must be
determined on a case-by-case basis, such members of the university community
should consult available guidelines before using copyrighted works. Permission
should be sought from the authorized copyright owner prior to each use of a
copyrighted work by such member of the university community that does not fall
clearly within the fair use guidelines.

Links to resources and guidelines regarding fair use, the Teach Act, and for
assistance in determining when the copyright protection in a work has expired and
is in the public domain, may be found at:

http://libguides.adelphi.edu/faculty-copyright

Royalty Distribution when University Retains Ownership

In recognition of the efforts and contributions of faculty and staff engaged in

creating a copyrightable work where the University elects to pursue
commercialization, the following revenue distributions shall be made.

All out-of-pocket costs paid by the University relating to the research, discovery
and/or patent, including all specific administrative, legal, licensing, marketing,
promotional, and other related expenses shall first be reimbursed to the University
from the royalty proceeds. Any remaining proceeds shall be deemed the “net
proceeds” and shall be distributed as follows:

Creator as Personal Creator’s School; University

Income Research Account for
1
School
50% 20% 30%

1
50% of the amount allotted to the School or equivalent University Unit will be used
specifically to support program development, equipment purchases and other activities that
enhance research and development in the Creator’s area of research.
The income distribution in the above table will be a minimum default position that
will be followed unless an alternative distribution scheme is negotiated between the
Creator and the University. However, in the event of a separate negotiated
agreement, the Creator’s portion of the income from such works will be no less than
50%.

The Creator’s rights to share in revenue shall remain with the individual or pass to
the individual’s heirs and assigns for as long as net income is derived from the
property. Further, when two or more individuals have made substantial creative
contributions to the intellectual property in question, each individual shall share
equally in the share of royalties, unless all individuals previously agreed in writing
to a different distribution of such share.

Revenue distributions shall be made on an annual basis in December from the

amounts received during the previous fiscal year ending August 31, and the Creator
shall be given at the same time a report, showing the computation of the amount
remitted.

Effective Date of Policy

This policy shall not apply to any research which was commenced or work created
prior to the date it is approved by the Board of Trustees of Adelphi University and
Adelphi University. However, the Creator at his/her sole discretion may elect to have
the terms of the policy applied to said research and/or work.

Resolution of Disputes

1. Any disputes arising from the application of this policy that cannot be settled
through informal discussions may be resolved following Section 2 and/or 3
below at the Creator’s option.
2. The Creator may bring the dispute to the attention of the Provost for
attempted resolution. The Provost and Senate Executive Committee
(hereinafter referred to as SEC) shall refer the matter to an ad hoc
committee of five people. That committee shall consist of two full-time
tenured faculty members (to be determined by the SEC), two members of
the University administration and/or faculty (to be determined by the
Provost), and an outside expert in the area of the dispute, selected by the
Provost, and agreed upon by the Creator. The Provost will select the chair of
this ad hoc committee. The Creator shall present his/her case to the ad hoc
committee, including all relevant accompanying documentation, and may
elect to state his/her case in person. The committee, after a thorough review
of the facts and circumstances, shall render its decision to the Provost and
SEC, and a final report will be made to the President.
3. The Creator may choose to resort to litigation. In the event of any litigation,
actual or threatened, or any other action to protect intellectual property
rights, the University may, to the extent permitted by law, withhold
distribution and impound royalties until resolution of the matter.
Definitions   

SUBSTANTIAL UNIVERSITY RESOURCES: University funds, facilities, equipment or

other resources not ordinarily available to all or most faculty Creators, and may,
but would not always, include external research funding used to create the work,
paid or release time awarded to support creation of the work, where the University
elects to retain copyright and so informs the faculty, use of University laboratories,
use of special equipment or instrumentation, and dedicated use of University
employees.

Procedures 
Link to the website http://research-grants.adelphi.edu/copyright-patent/ 

Related Information   

http://libraries.adelphi.edu/services/reserves.php

Policy Owner

Name:  Sam Grogg, Ph.D., Interim Provost and Executive Vice President  

Office:  Office of the Provost 

Phone Number:  516-877-3167 

Secondary Contacts   

This section should include the name, phone number and email address of one or more 
individuals who can answer questions about the policy. 

Contact  Telephone  Email 

Christopher Storm, Ph.D.  516-877-3165  cstorm@adelphi.edu 
Mary Cortina, Ph.D.  516-877-3259  cortina@adelphi.edu 
Brian Lym, M.L.I.S. , M.S.  516-877-3520  blym@adelphi.edu 
Document History 

This section must contain the following dates or placeholders for future dates:  
● Last Reviewed Date: 2017
● Last Revised Date: 2010
● Policy Origination Date: 2010
 

Who Approved This Policy   

Board of Trustees, Provost and President  

Tags   

Research, Faculty, Staff