Copyright Policy

Effective Date: ADD
Issuing Authority: General Counsel
Policy Contact: Associate General Counsel, 478-301-2071

Purpose

Mercer University’s academic mission is to teach, to learn, to create, to discover, to inspire, to empower, and to serve. This mission is best promoted by creating an intellectual environment that encourages and rewards creativity and innovation. Mercer supports the development, production, and dissemination of intellectual property by its faculty, staff, and students.

Scope

Mercer affirms its commitment to the personal ownership of original works of authorship by their individual creators, whether the creators work alone or with others, and whether they work privately or as members of the Mercer community (faculty, staff, and students). Accordingly, copyright to unpublished works is held by the author or creator, or heirs or assigns, unless a written transfer of copyright has been made to another party, or unless the creation of the works has been specifically commissioned by the University through extraordinary allowances or grants.

Exclusions

None

Policy Statement

Policy on Intellectual Property Rights and Distance Education

A. University Commissioned Works
Notwithstanding the commitment set forth above, Mercer may also commission specific works on its own behalf. For example, Mercer may support the creation of works by extraordinary allowances or grants, or it may acquire such works from, or develop them in company with, individual authors on mutually agreeable terms. Each such case shall require a written agreement, and Mercer shall own the intellectual property rights arising from the creation of these works-for-hire. Mercer may thereafter grant licenses or royalties or both to individual creators or contributors on just and reasonable terms.

B. Courses of Instruction approved for Mercer Credit

1. Intellectual property rights arising in courses approved for Mercer University credit ordinarily belong to their individual creators in accordance with the general principle expressed above of this policy. Rights may also vest in Mercer to the extent that a course (or some portion of it) is acquired or commissioned by Mercer under as listed above.
2. With respect to each such course (and whether the rights in that course belong to an individual creator or to Mercer), every member of the University community (including students, faculty, and staff) shall enjoy a non-exclusive, royalty-free license to make all traditional, customary, or reasonable academic uses of the content of that course while at Mercer (the “License”). The uses of the intellectual property are subject to the Conflict of Interest and Commitment Policy of each operational or academic unit.
3. The License shall exist automatically when a course is approved for credit by the University, and no additional formality shall be required. No royalty shall be payable for the License; sufficient consideration for such License shall be the mutual benefit realized by Mercer and the creator, as well as by the individual members of the University community.
4. The License also shall include Mercer University’s right to offer the course or develop and offer derivative courses of instruction, including courses intended for use in distance education projects, whether at Mercer or elsewhere. The License shall continue to be available to Mercer even if the faculty member in whom individual rights otherwise vest should leave Mercer.

C. Distance Education Projects

2. Mercer may appropriately consider any distance education project that offers the promise of securing and advancing Mercer’s mission and reputation. To that end, Mercer may participate in the development of such projects with members of its own community, or it may enter into relationships with persons outside the established academic community. In either case, the university may enter into such projects on terms and conditions that are fair and equitable so long as they do not adversely affect the fundamental principles of governance, tenure, and academic freedom otherwise recognized at Mercer.
3. Mercer faculty members, who are employed on a permanent full-time or equivalent basis and who intend to enter into any non-Mercer distance education project in which they propose to teach a course regularly or recurrently, shall first disclose the proposed undertaking in accordance with the terms of the applicable school or college Policy on Conflicts of Interest or Commitment.

Mercer University will presume a conflict of interest or commitment arises under this Policy on Intellectual Property Rights when faculty or staff members propose to undertake any of the following activities:

a. teach a non-Mercer distance education course substantially equivalent to a conventional course they have been assigned to teach at Mercer; or

b. teach a non-Mercer distance education course that is competitive with an existing or proposed Mercer distance education course which they have been offered an opportunity to teach; or

c. participate in teaching a non-Mercer distance education course in circumstances likely to confuse or mislead the public with respect to their primary obligations or allegiance as members of the Mercer Faculty; or

d. participate in teaching a non-Mercer distance education course in circumstances likely to impair the continuing performance of their primary responsibilities at Mercer.

3. The designated official responsible for examining the proposed undertaking in which a conflict of interest or commitment presumptively arises under Article III, Section B may determine that the conflict is minimal, or that it can be resolved and approved on terms reasonably calculated to serve the best interests of Mercer and the individual faculty or staff member alike. In either case, the designated official shall give notice to that effect in writing within 90 days, both to the individual and to the Provost. In the absence of such a determination, the individual shall not proceed further with the undertaking as proposed while remaining a member of the Mercer faculty or staff.
4. A faculty member who has engaged appropriately in a non-Mercer distance education project shall nevertheless seek approval annually thereafter with respect to his or her continuing participation in that project. If changed circumstances thereafter create a conflict, and the conflict cannot reasonably be cleared, the faculty member will withdraw from the project.
5. The University Distance Learning Committee, appointed annually by the Provost, may develop additional interpretations or regulations reasonably designed to implement these provisions and may recommend additional requirements with respect to prior disclosure and approval. The purpose of all such additional interpretations, regulations or requirements, however, will be to avoid potential conflicts of interest rather than to limit an individual’s ability to engage in acceptable outside professional activities, including distance education projects. To that end, Mercer will exert reasonable efforts to resolve such conflicts of interest and to eliminate any appearance of conflicts of interest through appropriate disclaimers, licenses, or the like.

Exceptions
The Provost may declare exceptions to these principles.

Moral Rights
The moral rights of individual creators will be respected in every case contemplated by this Policy. In no case will the University fail to recognize an individual creator’s entitlement to acknowledgment, attribution, or other appropriate credit to the fullest extent applicable.

University Name and Identify

A. Intellectual property rights arising in Mercer University’s name, logos, and other identifying marks belong to Mercer. Such rights may be licensed from time to time upon suitable terms and conditions approved by the President or his designee, taking into full and appropriate account the research, teaching, and collegial missions of the University.

B. Members of the Mercer community may identify themselves as such from time to time with such indicia of their status as is usual and customary in the academy. Any use of Mercer’s name, logos or identifying marks, however, shall be reasonably calculated to avoid any confusing, misleading, or false impression of particular sponsorship or endorsement by Mercer, and when necessary shall include specific disclaimers to that end.

Use of Copyrighted Material

It is the policy of Mercer University to fully respect all rights that exist in any material protected by the copyright laws of the United States, while also encouraging the appropriate use of copyrighted material that furthers the educational mission of the University.