C.3
                              February 1, 1989
 
                                3.  COPYRIGHT
 
                             I  COPYRIGHT POLICY
 
                                    SCOPE
 
This copyright policy applies (i) to faculty; (ii) to non-faculty professional
and support staff who generate works eligible for copyright under the terms of
their employment and (iii) to students who are enrolled in academic programs
of the University of Guelph.
 
Copyright applies to all original literary, dramatic, musical and artistic
works, including among others, books, writings, musical works, sculptures,
paintings, photographs, motion picture films, dictionaries and encyclopedias.
Copyright extends to works created on, and contained in, mechanical contriva-
nces, such as records, cassettes and tapes.
 
Computer software is covered by the Software Creation Policy (Section 13).
 
                                   POLICY
                                      
                           1.  COPYRIGHT OWNERSHIP
 
1.1   The University reaffirms its traditional practice that copyright in
      works produced by faculty members belong to those faculty members,
      except in the special cases listed below. The University extends to
      non-faculty professional and support staff, and to students, these same
      rights, namely, that ownership of copyright will belong to the author,
      except in specific cases. It should be noted that the Copyright Act of
      Canada asserts that the author of a work shall be the first owner of the
      copyright, except when that person is under a contract of service and
      the work is made in the course of his/her employment. This automatic
      transfer of ownership to the employer may be waived if there is a
      specific agreement by the employer to the contrary. This policy can be
      considered as such an agreement by the University, whereby the Univer-
      sity will re-assign copyright ownership to faculty, non-faculty pro-
      fessional and support staff, and to students, except for the specific
      instances listed below.
 
      a)    When the University specifically asks a faculty member or directs
            a member of the non-faculty professional staff or support staff to
            undertake work that is the subject of copyright, the University
            reserves to itself the ownership of copyright in the work so
            produced, unless alternative provisions are made in writing.
 
      b)    When the University employs non-faculty professional staff and
            support staff for the express purpose of creating or producing
            works which may be eligible for copyright, or when there is an
            explicit requirement in a job description for this responsibility
            (e.g. editors, film makers, media producers) the University
            reserves to itself the ownership of copyright in the works so
            produced, unless alternative provisions are made in writing.
 
      c)    When the work is produced by a faculty member with the direct
            assistance of a member of the University non-faculty professional
            or support staff who is working under the normal conditions of
            his/her employment, then the University claims part-ownership of
            the copyright to the extent of the contribution of the non-faculty
            professional or support staff member. If the professional staff
            member is not working within the normal conditions of his/her
            employment, then both he/she and the faculty member may claim
            part-ownership of the copyright.
 
1.2   For those works eligible for copyright and in which the University
      claims a part-ownership (Section 1.1(c)) then the University and the 
      author each will assign and transfer to the other the right to acquire 
      and use copies of the work at the cost of reproduction without payment 
      of fee or royalty. Access to the work by third parties shall be the 
      subject of a specific agreement between the University and the author. 
      The agreement entered into by the University and the author will 
      continue after the author's employment with the University is 
      terminated, unless an arrangement is made to the contrary.
 
1.3   When the student produces a work eligible for copyright based on
      research or other scholarly activity conducted under the supervision of
      a faculty member and the supervision of that work is a requirement of
      his/her academic program, then the University, whilst acknowledging the
      sole copyright ownership by the student, reserves the right of access to
      the work.
 
                         2.  ACCESS TO STUDENT WORKS
 
2.1   It is a condition of engaging in the undergraduate or graduate programs
      of the University, that the University receives a non-exclusive,
      royalty-free licence to:
 
      a)    Circulate the work as part of the University library collection;
 
      b)    Make copies or representations of the work for academic purposes
            within the University;
 
      c)    Make single copies of a thesis deposited in the University library
            at the request of other Universities or bona fide institutions;
 
      d)    Make available the work to the National Library of Canada for
            micro-filming;
 
      e)    Publish the abstract of any work which is a student thesis.
 
                  3. INCOME GENERATED FROM COPYRIGHT WORKS
                      WITH THE UNIVERSITY AS PART-OWNER
 
3.1   When the University claims part-ownership in any work eligible for
      copyright (Section 1.1(c)), the author and the University will agree to
      an income agreement. The income received is to be used first to meet all
      marketing costs and also to repay any funds specifically advanced for
      the project by the University. The agreement on distribution of further
      income will be based on the following guidelines:
 
      a)    Until all preparation or development costs incurred by the Univer-
            sity are received, the author will receive 25% and the University
            75% of this remaining income;
 
      b)    Once all preparation or development costs have been recovered, the
            author will then receive 75% and the University 25% of this
            income;
 
      c)    If more than one author is involved, the available income will be
            distributed amongst the authors in accordance with a pre-arranged
            and agreed distribution ratio.
 
                       4. RECOVERY OF UNIVERSITY COSTS
 
4.1   When the copyright ownership of a work belongs to the author but where
      the work was produced with the use of University facilities or services,
      which in the opinion of the Chair of the Department or Director of the
      Administrative Department, exceeds those available for normal academic
      and administrative matters, the University, including the Department,
      expects to recover its financial interest in the work. Consequently the
      University and the author will agree to either:
 
      a)    Distribution of royalties as indicated in Sections 3.1(a) and 3.1
            (b) above; or
 
      b)    The author will reimburse the University to the extent of the
            identifiable costs incurred in the preparation and production of
            the work.
 
                     5.  ALLOCATION OF UNIVERSITY INCOME
                          RECEIVED FROM COPYRIGHTS
5.1   Royalties or other income from copyright accruing to the University in
      excess of the amount necessary to meet assignable costs, will normally
      be made available for the development of other copyright works.
 
                        6.  INFRINGEMENT OF COPYRIGHT
 
6.1   The University community is reminded that the Copyright Act is specific
      with respect to infringement of copyright. Copyright is deemed infringed
      by any person who, without the consent of the owner, does anything that
      only the owner has the right to do. Such infringement occurs in the
      copying of printed copyrighted material or in the recording and re-use
      of copyrighted records, tapes and programs. However, copyright has not
      been considered infringed in "fair dealing with any work for the purpose
      of private study, research, criticism, review or newspaper summary"
      (Copyright Act, R.S.C. 1970 c C-30).
      
      The Library has developed guidelines on fair dealing and obtaining
      clearance for copying from copyright holders. These guidelines, which
      have been approved by the University, may be obtained from the Library. 
 
                          II  COPYRIGHT PROCEDURES
 
The procedures described below have been developed to implement the provisions
of the preceding Copyright Policy.
 
                         1.  AUDIO VISUAL MATERIALS
 
1.1   Work Produced by Central Media Productions.
 
      a)    Prior to preparing and producing the work, an agreement must be
            entered into between the faculty member and the Media Productions
            group of Teaching Support Services. This agreement will be signed
            by the faculty member and approved by the Department Chair, the
            Dean of the College, the Director of Teaching Support Services and
            the Vice-President Research.
 
      b)    At the time the agreement is signed, Media Publications will
            provide the faculty member with an estimate of the production
            costs using the current approved rate schedule.
 
      c)    Before the work is released as an audio visual document, a Certi-
            ficate of Release will be signed by the faculty member, the
            producer of the work, and the Director of Teaching Support Serv-
            ices. In those cases where the University of Guelph owns full
            copyright in the work or when the work is to be issued as a
            University of Guelph production, then the Department Chair, the
            Dean of the College, and the Director of the Department of Infor-
            mation will also sign.
 
      d)    An accounting of revenues and expenditures resulting from the work
            will be made available to the faculty member annually. Any roy-
            alties will be calculated and distributed by the Department of
            Financial Services following June 30 and December 31 of each year
            on monies received during the previous period.
 
      e)    Teaching Support Services is responsible for distribution and
            sales of all audio visual materials, for registering the materials
            with the National Film Board of Canada under the Berne Convention,
            and for depositing copies with the National Library of Canada
            (Canada Acquisitions Section) where appropriate.
 
            Arrangements can be made with the faculty member for alternative
            arrangements with regard to distribution and sales.
 
1.2   Work Not Produced by Central Media Productions but Requested by the
      Department.
 
      a)    When audio visual material is produced in a University department
            at its request, but without the involvement of Central Media
            Productions, the Department Chair will be responsible for allocat-
            ing department resources to the project and for keeping records
            with regard to costs.
 
            Such records will be necessary in determining the distribution of
            income arising from the sale and distribution of the material.
 
      b)    An agreement similar to that covering work produced by Central
            Media Productions (1.1(a)) will be signed by the faculty member,
            Department Chair, College Dean, Director of Teaching Support
            Services and the Vice-President Research.
 
      c)    A Certificate of Release will be signed by the appropriate parties
            (see Section 1.1(c)).
 
      d)    An accounting of revenues and expenditures resulting from the work
            and royalty distribution will be made as described in Section 1.1
            (d)).
 
      e)    Teaching Support Services will be responsible for the distribution
            and sales of the materials even when the materials have been
            produced without the involvement of Central Media Productions (see
            also Section 1.1)(e)).
 
1.3   Work Not Produced by Central Media Productions and Not Requested by the
      Department.
 
      a)    When materials are produced independently by a faculty member who
            has not been requested to do so by his/her Department Chair, then
            the Department Chair will arrange with the faculty member con-
            cerned for reimbursement for any use of University facilities
            which, in the opinion of the Department Chair, are in excess of
            those normally available for academic and administrative matters.
 
      b)    The faculty member is responsible for the distribution and sales
            of the material.
 
                            2.  PRINTED MATERIALS
 
2.1   Work Requested by the Department.
 
      a)    When the Department specifically asks a faculty member to under-
            take preparation of printed material, then the faculty member
            concerned and the University must enter into an agreement which
            specifies the nature of the work, the ownership of copyright, and
            the distribution of any royalties.
 
2.2   Work Not Requested by the Department.
 
      a)    When printed materials are produced independently by a faculty
            member who has not been requested to do so by his/her Department
            Chair, then the Department Chair will arrange with the faculty
            member concerned for reimbursement for any use of University
            facilities which, in the opinion of the Department Chair, are in
            excess of those normally available for academic and administrative
            matters.
 
               3.  COMMISSIONED WORK OUTSIDE NORMAL EMPLOYMENT
 
3.1   When the University enters into a specific arrangement with an individ-
      ual for work to be done which is outside his/her normal employment, then
      the University will enter into an agreement with that individual. The
      agreement will specify the nature of the commissioned work, the time
      when it is required and any financial considerations.