Chapter 7 – Miscellaneous

7.50.13 Copyright - Works Created With District Assistance, Support or Sponsorship
  1. A work is created with the assistance, support or sponsorship of the district under any of the following circumstances:
    1. When the creator utilizes any district funds, equipment, facilities, materials, staff services or other resources in connection with the creation of the work which are not normally assigned to an employee or student as necessary to perform regularly assigned duties, scholarly pursuits and research or class preparation. For purposes of this subsection, sponsorship shall not include reasonable and normal use of assigned office space, typewriters and other office equipment and research materials nor shall it include classroom and laboratory materials and equipment normally available for use by students as part of regularly scheduled classroom activities.
    2. When any portion of the work is created during time for which the creator receives compensation from the district, except for those portions of the work which may be created from time to time as part of regular classroom preparation or student assignments, or from grants or contracts administered or sponsored by the district.
    3. When the creator is compensated by the district for developing the creative work.
  2. Whenever the creator produces a creative work with the assistance, support or sponsorship of the district, the district shall have full right of ownership, control, use, and disposition over the work, subject to subsections 3 and 4 of this section and section 7.50.14. The district may copyright such a creative work.
  3. Whenever the creator produces a work with the assistance, support or sponsorship of the district, the district shall be the sole recipients of any and all income derived from the ownership, use, sale, or disposition of the work until the district has been reimbursed for all district expenses incurred during the creation, development and production of the work. Reimbursement costs shall be determined by a standard schedule, based on the scope of the work, equipment and staff time used, publication costs and any and all special costs. When the district has been reimbursed for all expenses incurred during the creation, development and production of a creative work, the district and the creator shall each receive fifty percent of any remaining or future income derived from the creative work.
  4. Whenever the development of a creative work has been supported by a grant or contract, the district and the creator shall adhere to the conditions of the grant or contract. The copyright status of a creative work supported by a grant or contract and the distribution of income derived from the ownership, use, sale or disposition of a creative work supported by a grant or contract shall be subject to the provisions of subsection 2 and 3 of this section except when subsections 2 and 3 are contrary to the conditions or requirements of the grant or contract.

[Adopted 12/20/05; effective 01/01/06; formerly 2.70.04]