UNIVERSITY OF PITTSBURGH PROCEDURE \ 11-02-02
CATEGORY: RESEARCH ADMINISTRATION
SECTION: Technology Management
SUBJECT: Copyrights
EFFECTIVE DATE: June 29, 1990
I. PURPOSE
To outline the process for asserting copyright interest and
registering the copyright.
II. SCOPE
This procedure applies to all faculty, staff, and students who
create or develop an original work of authorship, whether or
not the University has a proprietary interest.
III. ADMINISTRATIVE RESPONSIBILITIES
Faculty, staff, or students who own a copyright are
responsible for affixing the proper copyright notice to the
work and for registering personally owned copyrights.
The Office of Intellectual Property, within the Office of
Applied Research, is responsible for managing the
registration of copyrights owned by the University.
The Copyright Committee, composed of not less than five
members (a majority will be faculty members) and a chairman
appointed by the President of the University, is responsible
for resolving disputes concerning copyright ownership. The
Copyright Committee will promulgate rules for its own
conduct.
IV. DEFINITIONS
Work for Hire Copyrightable works that have been produced by
University faculty, staff, or students who have been
specifically directed to produce those works in the course of
their employment, or who produce those works under the
supervision and control of the University, in which the
copyright interest automatically vest in the University.
Such works include materials produced as an outcome of an
assignment to staff members at the Learning Research and
Development Center (LRDC) or the University Libraries, non-
print materials produced by staff members of the University
Center for Instructional Resources (UCIR) and Health Sciences
Media Center (HSMC), and computer programs prepared on the
job by Computing and Information Services (CIS) staff
programmers.
Copyright Registration A legal formality intended to make a
public record of the facts of a particular copyright.
However, except in two specific situations, registration is
not a condition of copyright protection. Even though
registration is not generally a requirement for protection,
the copyright law provides the following inducements or
advantages to encourage copyright owners to make
registration:
- Registration establishes a public record of the copyright
claim
- Registration is ordinarily necessary before any
infringement suit may be filed in court
- If made before publication, or within five (5) years
after publication, registration will establish prima
facie evidence in court of the validity of the copyright
and of the facts stated in the certificate
- If registration is made within three (3) months after the
publication of the work, or prior to an infringement of
the work, statutory damages and attorney fees will be
available to the copyright owner in court actions.
Otherwise, only
V. PROCEDURE
A. Asserting Copyright Interest
Responsibility Action
Creator/Developer 1. Prior to publication, affix a copyright
notice on the work, consisting of:
- "C" or "copyright"
- Year of first publication
- Name of copyright owner
B. Copyright Registration: Personally Owned Works
Creator/Developer 1. Consult competent copyright counsel
regarding copyright notices and
registration, since certain issues that
are not apparent from the forms or
instructions may cause a copyright to
be invalid.
NOTE: The University does not provide or
pay for such counsel for faculty,
staff, and students to protect
copyright interests in their own
personal works, in which the University
has no proprietary interest.
2. Obtain copyright forms, free of charge
from the Copyright Office by calling
(202) 287-9100, or writing to:
Information and Publications Section, LM-
455
Copyright Office
Library of Congress
Washington, D.C. 20559
When available, forms may also be
obtained from the University Office of
Intellectual Property.
3. Apply for registration of the copyright
by forwarding the three items below, in
the same envelope or package, to:
Register of Copyrights
Copyright Office
Library of Congress
Washington, D.C. 20559
a. The appropriate, completed
application form. (There are
different forms for different types
of work.)
b. A nonreturnable filing fee of
$10.00 for each application, in the
form of money order, check or bank
draft payable to the Register of
Copyright.
c. A copy of the work to be
registered. (The requirements may
vary in particular situations. See
instructions on the appropriate
registration form.)
C. Copyright Registration: University Owned Works
In accordance with University Policy 11-02-02, where the
University may or does own the copyright to the materials,
the following procedures must be followed:
Creator/Developer 1. Contact the University Office of
Intellectual Property promptly after
the creation of the work and before any
distribution or display of copies to
others. Provide a copy of the work.
2. Upon request, execute the appropriate
documents reflecting the University's
ownership of all worldwide rights,
title, and interest in the copyright.
Forms are available from the Office of
Intellectual Property when required.
Office of
Intellectual
Property 3. Forward any written complaints received
disputing the copyright ownership to
the Copyright Committee for resolution.
Copyright
Committee 4. Resolve disputes concerning copyright
ownership or royalty arrangements, and
notify the creator/developer and the
Office of Intellectual Property of the
outcome.
Office of
Intellectual
Property 5. If the University is determined to be
the owner, register the copyright as
described in item B.3. above, as may be
required.
VI. REFERENCE
Policy 11-02-02, Copyrights.
Procedure 11-02-01, Patent Rights and Technology Transfer.