Academic Operational Policies

Subject: Copyright Ownership Number:  AOP 206
Issued by: Vice-President Academic Date Issued:  October 2004
Supersedes: N/A Page:  1 of 3
Links: Academic Integrity – AOP 216

Evaluation of Student Performance – AOP 224

Revision
Date:
 November 2007

Copyright Ownership

Preamble

The Copyright Policy is intended to address the rights and responsibilities of the College, its employees, students, and any other persons affiliated with the College, with regard to copyright ownership for works that may be created while associated with the College.

Loyalist recognizes supports and values the contributions of employees and students in the Works they design, develop, and produce. This policy seeks to balance the rights of those who produce the Work with the interests of the College.

Policy

Loyalist College employees, students, and other persons affiliated with the College will adhere to the Copyright Act (Canada), Chapter C-42. R.S.C., 1985, c. C-42 as amended.

Procedures, Roles and Responsibilities

1. Loyalist College, as an employer, claims ownership of copyright in works produced by employees in the normal course of their employment. These include:

  • The curriculum, which includes:
    • teaching support materials which may include but are not limited to overhead transparencies, computer generated presentations, lecture notes, slides, illustrations, or charts;
    • teaching/learning resources which may include but are not limited to independent learning packages, multimedia programs, or web-based learning sites;
    • instructional by-products, which may include, but are not limited to video recordings, email messages or notes on flip chart, and curriculum support materials, which may include, but are not limited to program proposals, course outlines, tests and exams, or facilitator guides; and,
  • Administrative materials, which include: non-curricular materials developed primarily for internal communications such as email, memos, letters, reports or committee minutes.
  • College publications, which includes the Pioneer newspaper, newsletters, College web pages, College calendars, brochures, or posters.
  • Professional, technical, or creative works produced while on a College assignment such as student projects, photographs, and video or computer productions.

2. Loyalist College employees may claim ownership of copyright in works produced on their own initiative and own time where College facilities, resources or funds are not used in the creation or reproduction of the works. These include, but are not limited to:

  • teaching/learning resources;
  • professional, technical, or creative works;
  • personal works; and
  • works produced during sabbatical leave period where the prime purpose of the sabbatical leave had a different focus.

3. Loyalist College may only claim ownership of student’s work if:

  • the student received compensation from the College for the creation of the work.
  • the student used the College facilities, resources or funds to create the work.

4. Loyalist College has the right to use student-produced works for instructional purposes in College courses for up to five years after the creation of the works. The use of these works for non-instructional purposes such as for College publicity or for instructional purposes beyond the five-year period requires the consent of the student/s that created the works.

5. Loyalist College administration will determine the consequences of non-compliance with this Policy depending upon the specific situation and severity of the violation.

6. Loyalist College may vary the terms of this Policy by notice to employees, students and any other persons affiliated or affected by this Policy. Any variation to this policy must be documented and agreed to by signature of all parties.

Glossary of Terms

Copyright:      means the rights and responsibilities as identified in the Copyright Act.

Creator:          the person or group identified as designing, developing and producing the works.

Curriculum:   courses or programs of study for Loyalist College offerings.

Duties:           employee’s work as defined by the Collective Agreement or Employment Contract.

Employee:     full-time and part-time employees including faculty, support staff and management.

Student:         any person who is registered in a course or program at Loyalist College.

Copyright Act (Canada)

May be obtained at laws-lois.justice.gc.ca/eng/acts/C-42/page-1.html