CREATION OF COPYRIGHTED MATERIALS POLICY The University of North Alabama (UNA) encourages the creation and dissemination of scholarly work by members of the UNA community, including Copyrightable Works (Works). It is traditional at UNA that most such works are deemed the property of the creator, and the creator has the right to exercise the exclusive rights of the copyright holder and to receive any revenue generated from the exercise of such rights. Notwithstanding this tradition, there are times when UNA provides substantial contributions to the creation of certain works, and in those cases, UNA will be entitled to assert ownership rights in such works. This Policy Governing the Creation of Copyrighted Materials (Policy) is intended to clarify UNA's and the creator's ownership of and rights in all such Works. BACKGROUND Federal Copyright Law provides that most original works of authorship are protected by copyright automatically when they are fixed in tangible form. In the course of teaching, researching and conducting other intellectual and administrative activities at, for or on behalf of UNA, faculty, staff, doctoral fellows, students and others engaged by or on behalf of UNA may create works that are protected by copyright. Copyrightable works of authorship include, among other categories: books, articles, instructional materials, and other written works; musical and dramatic works; pictures, films, videos, sculptures and other works of art; computer software; and electronic chip designs. Copyright Law grants ownership of a Work created by a person in the course of their employment to the employer rather than to the individual creator. However, to encourage members of UNA to create academically relevant and significant Works, in most cases, UNA will allow the faculty, staff, doctoral fellow, student or other individual engaged by or on behalf of UNA to assert ownership of Works they create, except as set forth in this Policy. This Policy applies to all UNA faculty, staff, doctoral fellows, students and other individuals engaged by or on behalf of UNA. 1. DEFINITIONS a) Rights of the Copyright Owner (17 USC § 105): The owner of a copyright has the exclusive right to: i) To reproduce the work; ii) To prepare derivative works; iii) To distribute copies or phonorecords of the work to the public by sale, rental, lease, or lending; iv) In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the work publicly; v) In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and vi) In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. b) Copyrightable Works : Copyrightable works of authorship are those that are fixed in a tangible medium and among other categories may include: books, articles, instructional
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