XIII. University of Guelph General Information

Policy on Intellectual Property

Section 2: Copyright

1. Copyright belongs to Personnel who create Work, even if it is produced during the course of their University Activities , except in those cases where:

   1. there is a pre-existing Contract that assigns the ownership rights to the University or to a third party; or

   2. the Work is produced according to Section 2.2.

2. No Personnel shall claim any rights, and the University reserves to itself the ownership rights in any Works that are:

   1. encompassed within section 2.1(a) above;

   2. produced by Personnel at the specific request or direction of the University;

   3. produced by Personnel employed for the express purpose of creating or producing Works, or where there is an explicit requirement in a Personnel’s job description for this responsibility;

   4. an assessment, grading, report or correspondence produced pursuant to Personnel’s University Activities;

   5. Works provided to a Personnel to assist him/her in carrying out his/her duties and modified by the Personnel, such as a laboratory manual; or

   6. produced and designed to assist in the day-to-day administration of the University’s affairs.

3. Personnel shall not be required to waive their Moral Rights.

4. In the event that Work is the creation of more than one Personnel, the provisions of this Policy shall apply on a pro rata basis to all the Creators of the Work, unless a written agreement among the Creators, or a Contract states otherwise.

5. Where a Work is owned by a Personnel, Personnel may enter into an agreement with the University, at each party’s discretion, for the performance of commercialization activities such as evaluation, marketing and negotiation of licenses. The Creator(s) will be entitled to receive seventy-five percent (75%) of Net Revenues received by the University as a result of successful commercialization of a Work owned by a Personnel.

6. The University may, at any time, elect to terminate or relinquish its rights in any Work. In the event that the University or assignee relinquishes its rights in any Work, all Intellectual Property rights shall revert back to the Creator(s). In the event that any Creator is deceased, the rights shall revert to the estate of that Creator.

7. All Personnel who own Copyright pursuant to this Policy hereby grant to the University:

   1. a nonexclusive, royalty-free, irrevocable and non-transferable license to use such works in other, non-commercial teaching and/or scholarly, research or creative activities of the University, subject to copyright requirements of academic journals and other vehicles of scholarly publication; and

   2. in the case of written works submitted as partial fulfillment of the requirements for completing a degree at the University, the non-exclusive right to reproduce, translate, and/or distribute the written work worldwide in print and electronic format and in any medium, including but not limited to audio or video.