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9.6.1 Policies Related to Intellectual Property

Approved, Council of Deans, December 4, 2001; Approved, Academic Council, February 14, 2002; Approved, Board of Regents, April 4, 2002; Revised December 8, 2011

I. PREAMBLE

University of the Pacific seeks to support its faculty members in their scholarly and artistic activities. The University seeks to foster an academic environment that promotes the creation and distribution of scholarly and artistic work.  The University's infrastructure, resources, and other support of those activities enhances its educational programs, attracts high achieving students and faculty, and can develop supplemental revenue.

II. DEFINITIONS

A.    "Materials" or "Copyrightable Materials" include any original work of authorship that is subject to copyright law.  "Copyright" is the ownership and control of the intellectual property in the original works of authorship, which are subject to copyright law.

B.     "Institutional Works" includes Materials that are 1) created at the specific direction or request of the University for a specific University purpose, 2) created as part of a project involving a grant or contract sponsor or 3) created as part of a project involving other third parties with whom the University has entered agreements concerning copyright ownership.  Institutional works also includes a work that has been created by a direct allocation of University funds or is created using significant University resources, e.g., non-faculty employees working within the scope of their employment with the University.

C.     "Academic Works" includes artistic, scholarly, and learned materials, whether traditionally, electronically or otherwise published, created by faculty and/or by students in the course of their educational endeavors that are not patentable.  This also includes "like-kind" works such as papers, reviews, articles, theses, dissertations, scholarly papers, abstracts, monographs, treatises, in-person presentations made at scholarly meetings, non-fiction and fiction books and writings, textbooks, musical and other artistic compositions, software, and all other works of artistic or scholarly creation which are not institutional works or were not created using significant University resources.

D.    "Significant University Resources" includes a direct allocation of University funds or use of specialized equipment either of which is significantly greater than or different from that ordinarily available for creation of academic works.  The term also includes substantial contribution by non-faculty employees working within the scope of their University employment.  Significant University Resources in connection with academic works do not include the incidental use (as defined in unit-based protocols approved by the University) of University facilities, support staff and related resources, to the extent that in the school or college at issue, those resources are customarily available for the use of regular faculty members' academic activities, such as:

•   use of University computers and other standard equipment and facilities of the unit
•   use of clerical and other support staff and related resources
•   faculty development leaves or research stipends; and,
•   use of student research assistants working for compensation.

E.     For this policy, "Course" is defined as an organized body of information used for educational instruction and includes the expression in reproducible form of all instructional materials and presentations made by faculty member(s) or other instructors responsible for delivering the instructional material.  A "Course" includes any on-site or distance-learning course, a course delivered synchronously or asynchronously by traditional or electronic means, and courseware that is a combination thereof.