NSU University School Faculty, Staff and Employee Handbook

86 ARTICLE III COPYRIGHTS A. All copyrights on Works will be reserved by the Staff Member, except as follows: 1. If the Works involve “commissioned materials” as defined below. * 2. Works as accomplished under contracts or grants where copyright specifications are delineated which do not expressly reserve the copyrights of the Works to the Staff Member. 3. If written agreements, other than those relating to commissioned materials, are entered into by the Staff Member and the University which expressly do not reserve the copyrights of the Works to the Staff Member. 4. If the Works are created utilizing any University Staff Members, facilities, equipment, funds or other resources or are used at or for the University. * Commissioned materials will be those materials for which value is received by the Staff Member over and above the compensation received under the existing contractual relationship between the Staff Member and the University. The copyrights on commissioned materials will be reserved to the University. B. If a dispute arises as to whether a copyright on a Work will be reserved to a Staff Member, then the dispute shall be resolved in accordance with the procedures set forth in Article V relating to patents. C. All Works, the copyrights on which are not reserved to the Staff Member, may be used for educational (including, without limitation, instructional) purposes on a non-commercial basis by both the Staff Member, whether or not the Staff Member remains employed by the University, and the University. In connection with any such use by a Staff Member, honoraria or similar compensation earned from a presentation at a conference or other professional meeting shall belong entirely to the Staff Member. For purposes of this paragraph, the exploitation of a Work on a commercial basis shall mean its license, sale or transfer and the receipt of revenue therefrom, except that the University shall not be deemed to commercially exploit a Work when it is used for educational purposes within the University. With respect to the commercial exploitation of a Work, (i) the University shall have no right to any Net Income concerning any Work the copyright on which is reserved to a Staff Member, and (ii) the Staff Member is entitled to receive fifty percent (50%) of the Net Income concerning any Work the copyright on which is not reserved to the Staff Member, subject to the rights of any third parties also entitled to receive Net Income. The University shall provide Notice to the Staff Member in the event the University commercially exploits any Work and the Staff member has a right to receive Net Income therefrom. Any affected Staff Member who leaves the employ of the University shall furnish Notice to the University of his/her business and residence address. ARTICLE IV INVENTIONS AND PATENTS