Contextual factors such as use of resources etc. will remain important in determining contract terms and in interpreting the policy.
It is the policy of the University of Maryland System that copyrights arising from aesthetic, scholarly, or other work developed through independent efforts and not part of a directed institutional or University System assignment shall reside with the originator. Independent effort is defined as the product of inquiry, investigation, or research to advance truth, knowledge, or the arts where the specific choice, content, course, and direction of the effort is determined by the individual without assignment or supervision by the institution or System.
All rights in copyright for all other works arising from the use of institutional or System resources whether directed or commissioned or contractually determined shall belong to the Regents.
In conformity with this policy, the Chancellor and chief executive officers of the System institutions are authorized to enter into agreements with respect to ownership, licensure, disposition of royalty income, resolution of disputes, and other rights related to copyrights under their respective jurisdictions. They are authorized to register copyrights, accept copyrights from third parties, and to sell or grant licenses or assignments in the name of the Regents for any rights to copyrights under their jurisdiction.
In keeping with traditional academic practice and policy, ownership of copyrights to scholarly or aesthetic works that are prepared through independent effort and not part of a directed assignment, shall reside with the originator except as otherwise provided in this Policy. The general obligation of faculty to produce scholarly works does not constitute such a directed assignment.
The copyright to any work that is prepared outside the scope of employment and without the use of institutional or System resources by an employee shall be the property of the employee.
The Board of Regents asserts its right to copyrightable works created under sponsorship or contract. Copyright ownership of sponsored works and contracted works shall be governed by such agreements or contracts. Any sponsored work agreement which provides for ownership by other than the Board of Regents shall also provide the Board of Regents with a free-of-cost, non- exclusive, world-wide license to use and reproduce the copyrighted work for research and education purposes, except where prohibited by law or government regulation.
When the institution or System commissions the production of a work, title normally should be with the Board of Regents. In all cases, copyright ownership shall be specified in the written contract. Any commissioned work agreement which provides for ownership by other than the Board of Regents, shall also provide the Board of Regents with a free-of-cost, non-exclusive, world- wide license to use and reproduce the copyrighted work for research and education purposes, except where prohibited by law or government regulation.
The Board of Regents may acquire copyrights by assignment or will
pursuant to the terms of the written agreement or testament.
The Board of Regents may assign or license its copyrights to others. The University System through its constituent institutions shall share with the originator(s) revenue which it receives through copyrights. Specific provisions of grants or contracts may govern rights and revenue distribution. Consequently, revenues received from such copyrights may be exclusive of payments of royalty shares to donors or contractors. Moreover, System institutions may contract with outside persons or organizations for the obtaining, managing and defending of copyrights, and any royalty share or expenses contractually committed to such persons or organizations may be deducted before revenues accrue or before the originator's share is distributed.
The revenues (net, if applicable per the preceding paragraph) which are received from a copyright will be applied first to reimburse the System or constituent institution for any specific, incremental expenses incurred by it in generating the copyright and in marketing, licensing and defending the rights. After provision for such expenses, such revenues shall be shared as follows: (1) the first $5,000 will be paid to the originator(s): (2) thereafter the originator(s) will receive seventy-five percent of such revenues. Applicable laws, regulations or provisions of grants or contracts may, however, require that a lesser share be paid to the originator.
To the extent consistent with State and University System budget policies any net revenue received on account of a copyright, after sharing with the originator(s), will be dedicated to research and to the promotion of original works. If practicable, eighty-five percent of the System's or constituent institution's share of new revenue from each copyright will be designated for research in the originator's department or analogous unit up to $100,000 in a fiscal year for a particular department or analogous unit.
If use of such funds for research within the originator's department
or analogous unit is not practicable, the funds should usually
be designated for research in a related department or unit. The
remaining part of the net revenues shall be devoted to research
and incentive for creative works as directed by the President
or Director, or designee (or, for the System Office, the Chancellor
or designee).