Copyrights and Trademarks

Definition of terms and general information

The following information is intended to provide clarification of the common terms used pertaining to Technology Transfer and the protection of Intellectual Property..

What is a Copyright?

The term copyright refers not to a single right, but to a group of rights granted by governments to provide exclusive rights to authors concerning the reproduction and a dissemination of their works. Included in this group of rights are the rights to reproduce, publish, display, make derivatives of, and/or if applicable, publicly perform the author's works.

A copyrightable work consists of the tangible embodiment of an idea. Unlike the protection provided by a patent, copyright does not protect the idea itself, only the idea once fixed in the tangible medium. There are many different forms of works, for example, books, articles, plays, musical recordings, movies, CD-ROMs and materials published on the Internet.

How Is Ownership of Copyrighted Materials Determined?

A University employee's right to retain the copyright in the various works produced during their employment depends on the circumstances surrounding the creation of the work. The University copyright policy has established the following four categories of works:

General Instructional Materials include textbooks and study guides created for instructional use in the author's discipline at the University;

Institutional Works are created (1) specifically or predominantly for use by or at the University, or (2) at the request or behest of the University, or (3) under the specific direction of the University, or (4) by a person acting within the scope of his or her employment at the University, or (5) under a written contract between the Creator and the University, or (6) under a contract between the University and an external agency. Traditional Works of Scholarship (see below) are not Institutional Works for the purposes of the policy;

Traditional Works of Scholarship are created by a faculty member or student reflecting research and/or creativity which is considered evidence of accomplishment in her/his academic discipline or professional field; and

Other Intellectual Property includes any works other than Traditional Works of Scholarship, General Instructional Materials, University/School Instructional Materials and Institutional Works. Ownership of the copyright of Other Intellectual Property will be determined by the use of University resources in its creation.

Depending on which type of work has been created, the employee may be obligated to assign the copyright in the work to the University. The responsibility for signing copyright to the University for more certain Works is listed below:

1. The Creator of Institutional Works and Other Intellectual Property, when created with the use of University Resources shall assign the copyright in such to the University.

2. The University shall not claim any copyright in Traditional Works of Scholarship, General Instructional Materials, or Other Intellectual Property created without the use of University Resources.

Our office can assist authors in filing copyright registration forms for those works in which the author maintains the copyright. For those works which are assigned to the University, our office will do the filing to perfect the copyright in those works.

Royalties and Revenue Distribution

Royalties received from the sale and/or licensing of copyrightable materials, when owned by the the University, is distributed according to the following formulas. Of course, for those types of works in which the University asserts no interest Traditional Works of Scholarship, General Instructional Materials and Other Intellectual Property that is created without the use of University Resources all revenue from material within these categories belongs exclusively to the Creator.

For Institutional Works, the Office of Technology Transfer and Business Development will pay expenses (e.g., legal fees, registration fees, other licensing fees) and retain 5% of the royalties (not to exceed $5000). The expenses shall be subtracted before revenue is distributed. The remaining revenue within these categories shall be divided as follows:

- The author shall receive 35%.

- The author's department/program/unit/center shall receive 30%; primary consideration in the use of this portion of the revenues shall be given to support the author's further research.

- The author's school (or administrative or patient care unit) shall receive 35%; this portion of the revenues shall be utilized at the discretion of the pertinent Dean or Vice President.

For Other Intellectual Property that is created with the use of University Resources the Office of Technology Transfer and Business Development will pay expenses (e.g., legal fees, registration fees, other licensing fees) and retain 5% of the royalties (not to exceed $5000). The expenses shall be subtracted before revenue is distributed. The remaining revenue within these categories shall be divided as follows:

a. The first $100,000:

- The author receives 90%.

- The author's department/program/unit/center shall receive 5%; primary consideration in the use of this portion of the revenues shall be given to support the Creator's further work.

- The author's school (or the administrative or patient care unit in which the author is employed) shall receive 5%; this portion of the revenues shall be utilized at the discretion of the pertinent Dean or Vice President.

b. Allocation of revenues between $100,000 and $1,000,000 shall comply with the University's patent formula as follows:

- The author receives 40%.

- The author's department/program/unit/center shall receive 30%; primary consideration in the use of this portion of the revenues shall be given to support the Creator's further work.

- The author's school (or the administrative or patient care unit in which the author is employed) shall receive 30%; this portion of the revenues shall be utilized at the discretion of the pertinent Dean or Vice President.

c.  Allocation of revenues beyond $1,000,000 shall be as follows: 

- The author receives 30%.

- The author's department/program/unit/center shall receive 30%; primary consideration in the use of this portion of the revenues shall be given to support the Creator's further work.

- The author's school (or the administrative or patient care unit in which the author is employed) shall receive 40%; this portion of the revenues shall be utilized at the discretion of the pertinent Dean or Vice President.

What is a Trademark?

A trademark is a word, name, logo or other symbol adopted to distinguish goods or services from those offered by others. While registration of a mark with the US Patent and Trademark Office is an essential step, the right to the mark is established by adoption and actual use.