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2.1 Subject to the provisions of Clauses 3, 3.1, and 3.2, the provisions of Clause 2 of this Article shall not apply to:
a) lecture notes created by a Member, regardless of format or method of delivery;
b) individual course websites created by a Member; c) examinations created by a Member;
d) other copyrightable material created by a Member and intended for use only by the students registered in the Member’s course.
Materials Produced in the Course of Fulfilling Responsibilities
3. Subject to Clauses 4 through 5, a Member is the sole holder of copyright in his or her own lectures and in all copyrightable material produced pursuant to his or her Responsibilities, even if such material was produced solely on the Employer’s time and with the Employer’s facilities and resources. The Employer acknowledges that it has no interest in and no claim to any copyright for such works, except where there is an agreement between the Member and the Employer assigning or licensing specified uses and interest, or as otherwise provided in Clause 2 above or elsewhere in this Collective Agreement.
3.1 Subject to Clauses 4 through 5, and to such provisions as may be subsequently agreed by the Parties regarding Distance Education, a Member teaching a course or part of a course dependent on information and communication technologies which involve the broadcast, transmission, re-transmission, publication, recording, or storage of the contents of the course shall exercise copyright in all course materials created by the Member regardless of the medium used to broadcast, transmit, re-transmit, publish, record or store the course, except where there is an agreement between the Member and the Employer or a third party assigning or licensing specified uses and interests. A copy of any such agreement shall be provided to the Association.
3.2 Any agreements pursuant to Clauses 3 and 3.1 shall specify: a) limits and conditions of use of copyright material;
b) whether, and under what circumstances, the Member assigns the right to rework, revise, or amend the copyright material and whether there is a waiver of moral rights, in whole or in part;
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c) what rights of use the Member retains; d) the term of the licensing agreement; and e) the conditions for renewal or termination.
3.3 In the event that the Employer or assignee relinquishes its rights in any work assigned to it by a Member, all waived and/or assigned rights shall revert to the Member.
3.4 A Member has the right to bring a representative from the Association when
discussing a possible agreement with the Employer pursuant to Clauses 3 and 3.1. Works Commissioned by the Employer for Use by Others
4. The development of materials by a Member that are commissioned by the Employer shall be governed by a special agreement between the Employer and the Member. This special agreement shall be in writing, shall be consistent with the provisions of Section I of this Article, and shall specify copyright ownership and the terms of any licensing arrangements under the agreement, and may require a waiver of moral rights of the Member in favour of the Employer.
4.1 In the early stages of the development of a commissioned work, Members shall provide the Employer with a list in writing of any copyright material to be contained therein and the names of copyright holders. The Employer shall pay any cost related to securing all copyright permissions and for use of such approved
copyright material. The Employer shall have the right to refuse to pursue copyright clearances which are judged to be prohibitively expensive.
4.1.1 If the Employer exercises the right to refuse to pursue copyright clearances at this stage, either party to the special agreement referred to in Clause 4 above may withdraw, or the parties may jointly revise the special agreement.
4.2 At the time of delivery of commissioned works, the Member shall warrant, in writing, to the Employer that, to the best of his or her knowledge, he or she is the holder of copyright in material contained therein not already listed pursuant to Clause 4, or shall provide the Employer with a list in writing of any other copyright material contained therein and the names of the holders of copyright in such material. No such copyright material may be included by the Member without prior written approval of the Employer.
4.3 All special agreements for commissioned works shall contain a clause which allows the Member(s) who develop(s) or contribute(s) to the development of the
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works to use (for their own purposes) all or part of the works that they have
created under the agreement, but which prohibits the developer(s) from licensing, donating, selling or reselling such works to any person(s), body or agency external to the University.
4.4 A Member has the right to bring a representative from the Association when
discussing a possible agreement with the Employer pursuant to Clauses 4 through 4.3.
General
5. The development of materials by a Member as part of specially assigned duties shall be governed by a special agreement between the Employer and the Member. The special agreement shall be in writing, shall describe any anticipated outcomes capable of copyright protection, and shall specify copyright ownership in such a case.
5.1 Members who are engaged in activities undertaken in fulfilment of their Responsibilities at locations away from the University Campus (for example, Members on Professional Leave) shall continue to be subject to the provisions of this Section I of this Article.
5.2 On the death of a Member or former Member, any transferable interest which he or she had derived under this Article or under any agreement made pursuant to Section I of this Article shall pass to his or her estate.
Section II: Patents