Administrative Procedure 192

Patents, Copyrights And Royalties

Background

The Division encourages employees, volunteers and students to develop materials, processes and inventions for use within and outside of the Division. Protecting the legal and financial interests of the Division and avoiding the potential of conflict ensures accountability and fiscal responsibility within the Division.

Procedures

  1. The Superintendent delegates to the Associate Superintendent, Business and Finance the responsibility for protecting the legal and financial interests of the Division for materials, processes or inventions developed for use within and outside of the Division.
  2. Only the Associate Superintendent, Business and Finance is authorized to sign patents, copyright and royalty agreements on behalf of the Division.
  3. To encourage the development of materials and programs by employees, volunteers or students, for use within and outside of the Division, royalty agreements may be initiated between the creators of the materials and the Division.
  4. The ownership of materials (including computer software programs), processes, or inventions produced solely for the Division and at Division expense shall be vested in the Division and shall be copyrighted or patented, if at all, in its name unless otherwise authorized in writing by the Associate Superintendent, Business and Finance.
  5. The ownership of materials (including computer software programs), processes, or inventions produced solely through the effort, personal time, and expense of an employee, student or volunteer may be vested in the creator and be copyrighted or patented, if at all, in the creator’s name unless otherwise agreed by the parties.
  6. The ownership of materials (including computer software programs), processes, or inventions produced by an employee, student or volunteer with Division support, by way of use of significant time, facilities, or other Division resources, may be vested in the creator if authorized by written agreement between the parties and if entered into prior to the production. Agreements entered into after production will be at the discretion of the Associate Superintendent, Business and Finance. In the event there is no such agreement entered into, the ownership shall be vested in the Division.

Adopted:

September 21, 2016

Amended:

December 30, 2021

Reference:

Copyright Act

Copyright Modernization Act

Council of Ministers of Education (CMEC) Copyright Consortium Guidelines

Copyright Matters!

Fact Sheet: What the Copyright Modernization Act means for Teachers and Students