The Office of the President invites comments on proposed modifications to the Presidential Policy on Copyright Ownership, which updates the 1992 Copyright Policy. Given the significant copyright landscape changes over the years it has become clear that the time for a policy update is now. Aside from streamlining the language, the policy also includes updates in the following areas:
Expands eligibility to own copyrights. The definition of “Academic Authors” in the revised policy expands the pool of those eligible to own copyright.
Expands and clarifies the pool of works eligible for copyright ownership. The policy provides a definition of “Scholarly & Aesthetic Works” – a definition that does not exist in the existing policy. It also clarifies that software is a work for which eligible employees may own the copyright.
Creates a definition for “Significant University Resources” as a limitation on the University’s ownership. The current policy has a broad definition of “University Resources,” which directs, in some instances, that the University asserts copyright ownership when the University’s resources contributed to the development of the copyright work. The revised policy now includes a key limitation such that the level of University resources must be “significant” and beyond the support provided to similarly-situated authors.
Clarifies graduate student copyright ownership. The revised policy provides clarity regarding copyright ownership by graduate students of their theses, dissertations, and other copyrightable works.
Clarifies copyright ownership for represented employees. The revised policy specifically states that if an inconsistency exists between a union employee’s collective bargaining agreement regarding copyright ownership and the revised policy, the copyright provisions of the union agreement prevail.
Expands supplemental references. The revised policy expands the “Related Information” and “Revision History” sections to reference additional resources and other supplemental information.
For further information please review the Draft FAQ on Copyright Ownership Policy, Draft Revised Copyright Ownership, Clean and Redline.
If you have any questions or if you wish to comment, please send an email to evcp@berkeley.edu, no later than Dec 2, 2019.
If you are a manager who supervises UC Berkeley employees without email access, please circulate this information to all.
