The University encourages the faculty, staff and students to produce copyrightable material in the form of computer programs, diagnostic tests, books, musical or dramatic compositions, motion pictures, audio-visual materials, paintings, sculptures, or other works, which will be referred to throughout this policy statement as "creative works". This policy serves several functions (i) to provide an incentive for creative intellectual effort, (ii) to protect and promote traditional academic freedom in matter of publication, (iii) to balance the equitable rights of employees, sponsors, and the University, and (iv) to ensure the dissemination of creative works for the public benefit.
This policy pertains to the creation of copyrightable works by Loyola faculty, staff and students. For information on the use of works copyrighted by others, click here. For additional information related to the Digital Millenium Copyright Act, click here.
- Applicability of the Policy
This policy applies to all copyrightable material developed by faculty, staff or students of the University. For the purpose of this policy, the employee who produced the creative work is the "author".
- Categories of Creative Works
Copyrightable creative works produced by employees of the University shall, in most cases, be the shared property of those employees and the University. The following three categories more clearly define variations on this policy.
1.) Individual works
2.) University-assigned works
3.) Sponsor-supported works
- Individual Works
If there are not typical uses of University personnel, facilities, and the employees’ salaried time in producing the works and if the preparation of works was not funded by a grant or contract, then the rights to the property are negotiated between the employee and the University, and the ownership of property will generally favor the author. Services and facilities provided to faculty such as office and/or laboratory space, administrative assistance, office and/or research supplies, library facilities, ITS support, Office of Research Services and Sponsored Program Accounting support, and professional and/or technical support staff constitute typical use.
- University-Assigned Works
Copyrightable creative works produced by employees shall be the shared property of the employee and the University if there is typical use of University personnel, facilities, or the employees’ salaried time in producing the works. The University reserves the right to obtain a copyright in its name for University-assigned works and to promote and disseminate those works in accordance with the mission of the University.
- Sponsor-Supported Works
Ownership of copyrightable creative works funded partially or fully by an external sponsor through a contract or grant with the University shall be assigned in accordance with the terms of the award. In the absence of such terms, the creative work shall be the property of the University, and becomes a University-assigned work, unless the Associate Provost for Research determines that it is an Individual Work.
- Copyright Notice
The following copyright notice is to be used on all creative works which are the property of the University.
Copyright [year] Loyola University Chicago All rights reserved.
- Distribution of Income
In general, the author will receive fifty percent of the net royalties which accrue to the University from University-assigned works. The balance will be divided between the Technology Commercialization Fund and the University department of the author. The distribution of royalties will be administered by the Associate Provost for Research.
The University reserves the right, to deduct from gross royalty income, prior to any distribution, expenses for the development, dissemination, production, or protection of the creative work, including litigation, which may be incurred in enforcing or defending the copyright or in licensing the creative work.
- Administration of the Policy
For University-assigned works, the University shall execute all necessary documents. For all works in which the employee has full ownership, the employee is responsible for executing all documents, including copyright applications, assignments, and other instruments which are necessary to carry out the provisions of this policy.
Authors of works whose copyright is owned by the University may appeal to the Associate Provost for Research to have the copyright returned to the author if, the author feels he would be more proactive in disseminating the copyrighted materials. An employee may appeal to the Associate Provost for Research for questions concerning the administration of this policy. In the event of a dispute, the Associate Provost may convene a committee of not less than three faculty members to resolve the dispute. The decision of the committee shall be final.