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An Educational Computer Based Training Program CBTCBT
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Copyright Intellectual Property The University of Texas at Tyler General Compliance Training
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U.T. Tyler Compliance Program The U.T. Tyler Compliance Program is intended to demonstrate the absolute commitment of the University to the highest standards of ethics and compliance with all applicable laws, policies, rules, and regulations. Ethical conduct and compliance are personal responsibilities, and each employee will be held accountable for his or her conduct.
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Copyright n What is protected? n What isn’t protected? n How do I know I’m in compliance? n Where can I find out more?
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Copyright What is protected? 4Copyright protection exists for original works of authorship, fixed in any tangible medium of expression, that can be communicated to others.
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Copyright n Works of authorship include the following: 4literary, 4musical, 4dramatic and graphic works, 4motion pictures, 4sound, and 4architecture.
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Copyright What isn’t protected? 6 Copyright protection does not exist for any idea, procedure, process, system, method of operation, concept, principle, or discovery.
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Copyright How do I know I am in Compliance? n The U.T. System Office of General Counsel has created a set of guidelines (Rules of Thumb) to follow to ensure compliance with copyright laws.
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Copyright Copyright Rules of Thumb n Distance Learning n Music n Image Archives The Office of General Counsel has developed Rules of Thumb for the following copyrighted works: n Reserves n Coursepacks n Multimedia Works n Research Copies
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Copyright Copyright Rules of Thumb In this program, we will concentrate on: n Computer Software, n Classroom copying of books and periodicals, and n Educational uses of music. Detailed information on works NOT included in this program can be found at The Office of General Counsel’s web-site.
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Computer Software n Unauthorized duplication of copyrighted software is a violation of federal copyright law. n All users must abide by all software license agreements. n Licensed software may be copied only as permitted by the license. n When in doubt, read the agreement with the software vendor. Copyright Copyright Rules of Thumb
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Classroom Copying of Books & Periodicals Copies should be limited to: n Single chapters of books or articles from periodicals, n Several charts, graphs, or illustrations, or n Other small parts of a work Copyright Copyright Rules of Thumb
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Educational Uses of Music Can I copy: n Entire works of sheet music? Only for performances and only in emergencies n Sections (units) of sheet music? Only if out of print n Student performances? Only for teacher, evaluation, or a student’s portfolio n Sound recordings? Only one copy for classroom or reserve room Copyright Copyright Rules of Thumb
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Copyright Copyright Where can I find out more? n The examples in the previous slides are by no means a list of all copyright issues facing U.T. Tyler employees. n A more detailed discussion of the fair use of copyrighted materials and U.T. System’s policies can be found on UT System’s website.
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Copyright Copyright Where can I find out more? n The U.T. System Policy for the Use and Protection of Information Resources can be obtained at: http://www.utsystem.edu/bor/procedures/policy/policies/uts165.html n The Copyright Act can be viewed at: http://www.copyright.gov/title17/ n U.T. System’s Copyright Crash Course: http://copyright.lib.utexas.edu/ n Ask your supervisor or your institution’s designated compliance director. U. T. Tyler’s Compliance Director is Mary Barr at ext. 7151.
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Intellectual Property n What is it? n To whom does the policy apply? n Who owns intellectual property created by U.T. Tyler employees? n Where can I find out more?
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Intellectual Property Intellectual Property What is it? n Intellectual property under this policy may include: n Copyrighted works n Inventions n Discoveries n Trade Secrets n Art Work n These items may be owned by either a U.T. employee or the Board of Regents
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Intellectual Property Intellectual Property To whom does the policy apply? 4 All U.T. Tyler employees 4 Anyone using U.T. Tyler facilities under the supervision of U.T. Tyler personnel 4 Undergraduate and graduate students 4 Postdoctoral fellows 4 Medical or other residents working at non-U.T. System facilities
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Intellectual Property Intellectual Property Who owns intellectual property? The Board of Regents owns employee-created intellectual property when: n The work is related to an employee’s job responsibilities, i.e., within the scope of employment. n The work is created on U.T. Tyler time, with the use of U.T. Tyler facilities or state financial support. n The work is commissioned by the institution. n The work results from research supported by federal funds or 3rd party sponsorship.
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Intellectual Property Intellectual Property Who owns intellectual property? A U.T. Tyler employee owns intellectual property when: 4 The work is unrelated to his/her job responsibilities and the employee made no more than incidental use of U.T. Tyler resources. 4 The work is an invention that has been released to the inventor. Continued on next page
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Intellectual Property Intellectual Property Who owns intellectual property? A U.T. Tyler employee owns intellectual property when: n The work is a scholarly or educational work in the employee’s field of expertise, unless : n the employee was specifically hired or required to create it, or n the work was commissioned by a U.T. System institution.
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Intellectual Property Intellectual Property Who owns intellectual property? Who gets royalties? n In most cases, the owner will receive all royalties or benefits from his/her creation. n Except: inventors and institution usually share royalties from inventions n For other important exceptions, see the U.T. System Plain English IP Policy: http://www.utsystem.edu/ogc/intellectualproperty/IPpo licy_english.htm
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Intellectual Property What should I do if I think I’ve created an invention subject to this policy? n Disclose your invention to U.T. Tyler’s Vice President for Academic Affairs BEFORE you submit any information about the invention for publication. n Check U.T. Tyler’s Handbook of Operating Procedures for any guidance on the process of disclosure, review and evaluation of inventions.
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Intellectual Property Intellectual Property Where can I find out more? n The examples in the previous slides are by no means a list of all intellectual property issues facing U.T. Tyler employees. n A detailed, easy-to-read discussion of Intellectual Property issues can be found via the Internet at: http://www.utsystem.edu/ogc/IntellectualProperty/copy righthome.htm
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Intellectual Property Intellectual Property Where can I find out more? n The official U.T. System intellectual property policy: http://www.utsystem.edu/bor/rules.htm#A10 n U.T. Tyler’s policies regarding intellectual property. n Ask your supervisor or your institution’s designated compliance director. U.T. Tyler’s Compliance Director is Mary Barr at ext. 7151.
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U.T. Tyler Disciplinary Procedures n Failure to follow compliance guidelines may result in disciplinary action including: departmental counseling, formal disciplinary action, suspension or termination.
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Test Your Knowledge Following are several questions to test your knowledge of the information presented. Answer all questions correctly to receive credit for the training.
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Question #1 MOTION PICTURES MOTION PICTURES Works protected under copyright law include the following: ARCHITECTURE BOTH OF THE ABOVE BOTH OF THE ABOVE NEITHER OF THE ABOVE NEITHER OF THE ABOVE
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Question #2 TRUE FALSE A set of copyright guidelines has been created by The U.T. System Office of General Counsel.
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Question #3 TRUE FALSE Licensed computer software can be copied as many times as needed, as long as it is for educational purposes.
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Question #4 Only for a performance Only for a performance An entire work of sheet music can be copied... Only in an emergency Only in an emergency Both situations above must exist Both situations above must exist to allow copying of sheet music to allow copying of sheet music
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Question #5 Intellectual Property includes: COPYRIGHTED MATERIALS COPYRIGHTED MATERIALS INVENTIONS DISCOVERIES ALL OF THE ABOVE ALL OF THE ABOVE
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Question #6 With the exception of “scholarly works”, the U.T. System Board of Regents owns employee-created intellectual property if the work is created on U.T. Tyler time and with U.T. Tyler facilities. True False
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Question #7 IS UNRELATED TO HIS/HER IS UNRELATED TO HIS/HER JOB RESPONSIBILITIES JOB RESPONSIBILITIES THE EMPLOYEE MADE NO MORE THAN THE EMPLOYEE MADE NO MORE THAN INCIDENTAL USE OF SYSTEM RESOURCES INCIDENTAL USE OF SYSTEM RESOURCES A U.T. Tyler employee owns intellectual property if his/her work... Both situations above must exist for a U.T. Both situations above must exist for a U.T. employee to own his/her intellectual property employee to own his/her intellectual property
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Question #8 AFTER THE EMPLOYEE HAS AFTER THE EMPLOYEE HAS PUBLISHED HIS OR HER INVENTION PUBLISHED HIS OR HER INVENTION BEFORE HE OR SHE SUBMITS ANY BEFORE HE OR SHE SUBMITS ANY INFORMATION FOR PUBLICATION INFORMATION FOR PUBLICATION A U.T. Tyler employee with a new invention should disclose his/her invention to the Vice President for Academic Affairs.
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Question #9 COPYRIGHT ONLY COPYRIGHT ONLY INTELLETUAL PROPERTY INTELLETUAL PROPERTY ONLY BOTH OF THE ABOVE BOTH OF THE ABOVE During the training, references were provided on where to find/who to contact for more information on:
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Congratulations… you have completed your training over Copyright and Intellectual Property The University of Texas at Tyler General Compliance Training
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Copyright and Intellectual Property Hyperlinks... n A comprehensive discussion of the fair use of copyrighted materials and U.T. System’s policies can be obtained via the Internet at: http://www.utsystem.edu/OGC/IntellectualPro perty/copypol2.htm http://www.utsystem.edu/OGC/IntellectualPro perty/copypol2.htm n The U.T. System Policy for the Use and Protection of Information Resources can be obtained at : http://www.utsystem.edu/policy/ov/uts165.html http://www.utsystem.edu/policy/ov/uts165.html
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Copyright and Intellectual Property Hyperlinks... n The Copyright Act: http://www4.law.cornell.edu/uscode/17 http://www4.law.cornell.edu/uscode/17 n A comprehensive, easy-to-read discussion of Intellectual Property issues can be found via the Internet at: http://www.utsystem.edu/OGC/IntellectualProperty/ipp ol.htm http://www.utsystem.edu/OGC/IntellectualProperty/ipp ol.htm n The official U.T. System Intellectual Property Policy: http://www.utsystem.edu/ogc/intellectualproperty/2xii. htm http://www.utsystem.edu/ogc/intellectualproperty/2xii. htm
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