Repository: UIHistories Project: Board of Trustees Minutes - 1984 [PAGE 315]

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306

BOARD OF TRUSTEES

[July 21

work. If such requirements or duties are not so specified, such works will be those for which the topic or content is determined by the author's employment duties and/or which are prepared at the University's instance and expense, that is, when the University is the motivator factor in the preparation of the work. In a particular employment situation, if an author is uncertain about the ownership of the works referred to in this paragraph (b), before undertaking the assignment the author shall be entitled to request in writing and to receive a clarifying written statement from the author's department head or supervisor. When the University commissions the preparation of a copyrightable work by an author who is not a University staff member or student, the contract with such author shall specify that the work shall be considered a work made for hire. With respect to copyrightable works owned by the University pursuant to this paragraph (b), the authors may be required to execute such documents as are necessary to vest ownership in such works in the University or in its designee. Authors who produce works for which ownership vests in the University pursuant to this paragraph (b) shall warrant that such works do not infringe any preexisting copyright. (c) Sponsored Works. A sponsor's right to use or own a work prepared under its sponsorship will be determined by the provisions of its contract with the University. (d) Licensing. Subject to the exceptions enumerated in paragraph ( b ) , copyrightable works developed by University staff or students using University resources usually and customarily provided, such as office space, library facilities, or regular salary, are owned by the authors. Such works need not be licensed to the University. Copyrightable works developed with use of University resources over and above those usually and customarily provided shall be owned by the authors but licensed to the University. The minimum terms of such license shall grant the University an irrevocable, nonexclusive, royalty-free right to copy, use, distribute and sell the subject materials without restriction in connection with its internally administered programs of teaching, research and public service, but with all expenses incidental to such copy and use to be borne by the University. (e) Copyright Notice. Works to be protected by copyright should carry a notice which, by law, normally consists of the following three elements: (1) The symbol ©, or the word "copyright," or the abbreviation "Copr.";and (2) The year of first publication of the work; and (3) The name of the copyright owner, or an abbreviation by which the name can be recognized. In the case of sound recordings, the symbol ® is used instead of © as the first element of the notice. As examples, visually perceptible works might be marked: © (Year) Board of Trustees, University of Illinois and sound recordings might be marked: ® (Year) Board of Trustees, University of Illinois