Alberta Post-Secondary IP Policies
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Prepared by library staff at Medicine Hat College
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Last updated: November 2018
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InstitutionType of InstitutionOwnership of Teaching materialsPolicy TitleYear last RevisedWordingURL
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Bow Valley College Publicly Funded CollegeInstitutionCopyright Policy2013The College owns the copyright on all work that is produced by employees and contractors in the course of their employment with the College.https://bowvalleycollege.ca/-/media/bvc/home/student-resources/registrar/learner-policies-and-procedures-new/500-1-3-copyright-policy.ashx?la=en&hash=BB30B3DE7DBF6CAB4B88E58E987D80A5E300378F
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Grand Prarie Regional CollegePublicly Funded CollegeInstitituion/FacultyIntellectual Property and Ownership2018Ownership by the creator 6.1.4.1. Ownership resides with the creator if the Intellectual Property is created: 6.1.4.1.1 As employee work within a prior written agreement 6.1.4.1.2 As instructional materials not required for approval and filing with GPRC 6.1.4.1.3 By a student within their course work (course of study) 6.1.4.1.4 Outside the scope of an Employee’s employment GPRC Ownership
6.1.5.1. Unless a prior written agreement defines ownership otherwise, GPRC is
the owner of all Intellectual Property created by an Employee in any of the
following conditions:
6.1.5.1.1 Employee work(s) resulting from or connected with the
Employee’s required duties or employment with GPRC,
regardless of location.
6.1.5.1.2 Employee work(s) specifically commissioned by GPRC
6.1.5.1.3 Personal work(s) created in whole or in part with the assistance
of GPRC support, unless there is an agreement to the contrary
in writing.
https://www.gprc.ab.ca/about/administration/policies/fetch.php?ID=54
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Keyano College Publicly Funded CollegeFacultyCollective agreement between the Board of Governors of Keyano College and the Keyano College Faculty Association2017-202019.2 Instructional materials developed by an instructor for distribution, in any media, to his.her students may be used, with the permission of the instructor, by the College in College program delivery. It is recognized that the College has a right to the reasonable, non-commercial use of such materials, and this permission shall not be unreasonably denied. 19.3 Published course outlines are public documents and shall be construed as being in the public domain.https://docs.wixstatic.com/ugd/16fcf0_659335431d5b4d98aa1691bac1b9267c.pdf
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Lakeland CollegePublicly Funded CollegeInstitutionResearch Derived Intellectual PropertyN/A3.1 College Ownership The College will be the first owner of Intellectual Property except as specified in 3.2 Creator Ownership below 3.2 3.2. Creator Ownership
The Creator will be the first owner of Intellectual Property when the Intellectual Property is placed directly
in the public domain or assigned for publication without consideration. Speaker's honoraria, travel, expenses, payments for out- of-pocket expenses, etc., are not considered as consideration for thepurposes of this Procedure.
http://www.lakelandcollege.ca/files/PDF/Research/ARI_11_5-_Research_Derived_Intellectual_Property_Procedure.pdf
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Lethbridge CollegePublicly Funded CollegeInstitutionIntellectual Property and Copyright Ownership2004Guidelines 1.The ownership of Copyright and ownership of Intellectual Property may be vested with the College, the Author or Jointly. b. Copyright and Intellectual Property Vested with the College
i. The College will be the sole owner of Copyright for all Work (see Definitions
section for the definition of a Work and in particular for those things which are
excluded from the definition) and the sole owner of all Intellectual Property that is:
1. Employee Work(s) or is otherwise created in the course of an individual’s
employment with the College;
2. Specifically commissioned by the College; or
3. Created in whole or in part with the assistance of College Support, unless there is an agreement to the contrary in writing.
https://lethbridgecollege.ca/sites/default/files/policies-procedures-research-copyright-intellectual-property-and-copyright-ownership-%286.16%29.pdf
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Northern Lakes CollegePublicly Funded CollegeInstitutionIntellectal Property20171. Northern Lakes College has ownership of and related intellectual property rights in the following works created by its employees or by contractors (pursuant to contractual assignments and agreements), where those works are created in the course of their assigned duties, their contractual obligations with Northern Lakes College, and/or using Northern Lakes College facilities, funds or resources oncampus and/or off-campus: A. Administrative materials General – Intellectual Property Policy Approved June 15, 2017 Page 2 B. Curriculum materials C. Teaching materials and equipment D. Instructional by-products E. Teaching/learning resources and learning objects F. Professional, technical and artistic works G. Research H. Any other technology or workshttps://www.northernlakescollege.ca/public/download/documents/22753
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Olds CollegePublicly Funded CollegeInstitution has first right of refusalApplied Research2018 3. IP is developed by a College staff member during their employment at the College outside of a research contract with a third party and using College resources. In this case, the College has first right of refusal to ownership of the IP. If ownership is accepted, the College declares that it intends to pursue full financial and legal obligations to IP ownership (e.g. pursuing patenting declarations in multiple jurisdictions including paying for filing and maintenance costs, etc.). If ownership is refused, the College forever relinquishes the right to own or profit from the patent. The decision to declare or refuse ownership must be made in writing within 60 days of a formal notice by the inventor(s) by email to the Vice President responsible for Applied Research. (Example: a researcher with access to a chemistry lab invents a new catalyst.) 4. IP is developed by College staff member(s) during a research project or program with a third party. In this case, the IP requirements are defined in the Research Agreement. Two scenarios are possible. A. The research contract falls under the IP provisions and guidance of the Tri-Council (Natural Sciences and Engineering Research Council (NSERC); Social Sciences and Humanities Research Council (SSHRC); Canadian Institutes of Health Research (CIHR)). In this case, such as with NSERC-funded project for example, the IP agreement must satisfy the current Tri-Council requirements. For reference, please refer to the following link. http://www.nserc-crsng.gc.ca/NSERC-CRSNG/policies-politiques/ip-pi_eng.asp The Tri-Council IP agreement requirements may change from time-to-time. B. The research contract does not fall under the IP provisions and guidance of the Tri-Council. In this case, the IP agreement should adhere as closely as possible to scenario A (this paragraph) for consistency, but may contain differences that are required or requested by the third-party companies entering into the Research Agreement. In both scenarios A and B (this paragraph), College staff agree, prior to entering into a Research Agreement, to reasonably provide review and signatures for assignment, ownership and associated licensing and royalty documents.https://www.oldscollege.ca/Assets/external/about-us/governance/policies/d-student-academic/D09%20Applied%20Research.pdf
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Portage CollegePublicly Funded CollegeN/A Policies behind login
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Red Deer CollegePublicly Funded CollegeInstitution Policy on Intellectual Property2006The Creator of Intellectual Property retains ownership of Intellectual Property that is the result of the Creator’s intellectual efforts. Lectures, including the substance and record of lectures belong to the creator. Exceptions to this ownership include: a. The College owns Intellectual Property which is necessarily developed in the course of the work for which the Creator is employed. This includes but is not limited to course outlines, assignments, manuals, course material, examinations, and student records. b. The College owns College sponsored products not directly related to teaching. This includes but is not limited to administrative and public relation products such as brochures, promotional materials, and annual reports. c. The College owns Intellectual Property, whether produced by a Member or otherwise, if it is produced pursuant to a contract with the Creator in which the Creator agrees that Intellectual Property produced pursuant to the contract will be the property of the College. d. When the College Infrastructure is used in the creation of Intellectual Property the College and the Creator will be joint owners of the Intellectual Property and the relative interests of the College and Creator will be defined either by agreement between the College and the Creator e. The Creator may assign or transfer interest in Intellectual Property to the College. If the Creator chooses not to commercialize within 3 years, interest in the Intellectual Property will automatically be transferred to the College. f. The College may assign or transfer interest in Intellectual Property to the Creator. If the College chooses not to commercialize within 3 years, interest in the Intellectual Property will automatically be transferred to the Creator.http://rdc.ab.ca/sites/default/files/uploads/documents/2073/intellectual-property-policy.pdf
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Northern Alberta Institute of TechnologyTechnical InstituteInstitutionIntellectual Property in Research Procedure20155.0 General Principles for Non-Invention Intellectual Property 5.1 DETERMINATION OF OWNERSHIP Unless otherwise agreed to by the Board, and subject to Section 7.2 of this NAIT Intellectual Property Procedure, the ownership of any Non-Invention IP, including Trade9 marks, Industrial Designs, Internet Domain Names, creative works (including works subject to Copyright), and all other types of IP other than Inventions that is acquired or produced by an Employee that results from or is connected with that person’s duties or employment, and any Non-Invention IP acquired or produced by an Employee using Institute resources without payment to the Institute of fair market compensation for use of those resources, vests in the Board. This applies to all forms of Non-Invention IP, whether created on the Employee’s own initiative or at the Institute’s direction. Acquisition of Non-Invention IP in the above paragraph refers to acquisition of title or ownership.http://www.nait.ca/ViewPoliciesAndProcedures.htm
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Southern Alberta Institute of TechnolofyTechnical InstituteInstitutionIntellecutal Property Procedure2007SAIT has ownership of and related intellectual property rights in the following works created by its employees or by contractors (pursuant to contractual assignments to SAIT), where those works are created in the course of their assigned duties, their contractual obligations with SAIT and/or using SAIT’s facilities, funds or resources on-campus and/or off-campus: a) Administrative materials; b) Curriculum materials; c) Teaching materials and equipment; d) Instructional by-products; e) Teaching/learning resources;f) Professional, technical and artistic works; g) Any other technology or workshttps://luminiscontent.sait.ca/hr/prod/PandP/Academic_Student/pdf/AC-2-11-1_IntellectualProperty.pdf
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Athabasca University Public UniversityN/A
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Concordia University College of AlbertaPublic UniversityFacultyIntellectual Property Policy Appendix in Collwective Agreement between Concordia Univeristy of Edmonton and Concordia University Collehe of Alberta Faculty Association2016-20214.1 Canadian intellectual property laws normally provide that the Creator of Intellectual Property is the owner of the IP, unless such IP was created in course of employment, and it may be explicitly or impliedly recognized that the employer was intended to be the owner, subject to any contractual arrangement which governs the situation. 4.2 In light of article 4.1 above, the University recognizes that ownership of IP may be vested either in the Creator or in the University; the University will therefore operate according to the following principles: 4.2.1 Creators of IP are the first owners of the IP and are free to publish the IP without commercial intent, to pursue Commercialization of the IP with the assistance of the University, or to pursue Commercialization of the IP in their own right. 4.2.2 In keeping with the University’s scholarly/educational mission and its dedication to the pursuit and dissemination of knowledge, the University does not encourage the development of IP solely for profit or personal gain. 4.2.3 The University retains a non-exclusive, royalty-free perpetual right to use for educational, scholarly, administrative, and other non-commercial purposes all IP that is created through the use of University Resources. 4.2.4 The University retains the right to share in the Revenue earned from the Commercialization of any IP that is created through the use of University Resources and/or through the use of funds administered by the University.. 4.2.5 In light of the University’s responsibility to be accountable to the government and to the public, the University requires that Creators of IP that is created through the use of University Resources disclose all intentions to Commercialize this IP.https://concordia.ab.ca/wp-content/uploads/2017/03/Collective-Agreement-2016-2021-FINAL-signed-April-21-2017.pdf
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The King's University CollegePublic UniversityN/A
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St. Mary's University CollegePublic UniversityFacultyCollective Agreement between Saint Mary's University and Saint Mary's University Faculty Union2015-201815.4.03All intellectual property is owned by the Employees who create it except in those cases: (a) Where there is a written contract to the contrary between the creator, the Employer, and/or a third party which assigns the ownership rights of the intellectual property to the Employer or the third party; or (b) Where the Employer provides funds, resources, and facilities to the Employee
beyond those required for the payment of the Employee’s salary and benefits, for
the provision of a normal academic environment in which to work, and for the
performance of a regular workload by the Employee, in which case, the
Employee shall agree to share ownership rights of the intellectual property with
the Employer.
http://www.smu.ca/webfiles/SMUFUCASep12015toAugust312018-FinalSigned.pdf
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University of AlbertaPublic UniversityFacultyUniversity of Alberta Faculty Agreement 20171. Ownership 1.1 Pursuant to 10.02 of the Agreement, a staff member who creates a Work resulting from or connected with the staff member’s duties or employment owns copyright in the Work. However, the University owns or has an interest in Works as provided in 1.4 to 1.7 inclusive, 2.1 to 2.9 inclusive, 3.1, 5.1, and 5.2 of this Appendix. 1.2 For the purposes of this Appendix and Article 10 of the Agreement, “Work” or “Works” means anything in which copyright subsists pursuant to the Copyright Act (Canada), whether published or unpublished. For greater certainty, Work includes: architectural works, artistic works, choreographic works, cinematographic works, collective works, dramatic works, literary works, musical works, compilations, performers’ performances, sound recordings and communication signals, all as defined in the Copyright Act (Canada). 1.3 A creator has moral rights in a Work, as provided under the Copyright Act. The Parties endorse and support the creator’s right to manage those moral rights. 1.4 If a staff member creates a Work (a) in the course of performing administrative or management duties or activities for the University, a Department, or a Faculty, including all units therein associated (e.g., Centres and Institutes); or (b) for the purposes of a committee or group of a Department, Faculty, or the University; then the University owns copyright in the Work. 1.5 If a staff member creates a Work pursuant to a written agreement between the staff member and the University, including an agreement under Article 7.02.2 of the Agreement, that agreement shall address the University’s arrangement with the staff member regarding ownership or other interest in that Work. 1.6 If a staff member creates a Work under a sponsored research funding agreement with a third party funder, copyright ownership and licensing are governed by the terms of the sponsored research funding agreement. Because the University shall enter into the sponsored research funding agreement with the sponsor, the University has the right to obtain from the staff member an assignment or licence of the copyright as necessary to fulfill its obligations to the sponsor under the sponsored research funding agreement. However, the staff member cannot unilaterally assign or licence Works that are not wholly owned or created by that staff member. 1.7 If a staff member creates a Work under any other agreement between the University and a third party, including but not limited to a secondment agreement or facility access agreement, copyright ownership and licensing are governed by the terms of the agreement between the University and the third party. To avoid any need for the staff member personally to transfer or agree to transfer rights relating to the Work to the third party (which may entail the personal liability of the staff member), the University has the right to obtain from the staff member an assignment or licence of the copyright as necessary to fulfill its obligations to the third party under the agreement. However, the staff member cannot unilaterally assign or licence Works that are not wholly owned or created by that staff member. 2. University Licence General Principles 2.1 Subject to 2.2 to 2.9 inclusive, the University is and shall be entitled to an immediate, nonexclusive, royalty-free, non-transferable, irrevocable licence to use any Work created or produced by a staff member that results from or is connected with the staff member’s duties or employment, for all purposes within the University’s approved mandate pursuant to the Post-Secondary Learning Act (Alberta). 2.2 The purposes referred to in 2.1 include, but are not be limited to, unit accreditation, unit or University marketing, and any not-for-profit activity. 2.3 The licence contemplated by 2.1 does not apply if, as a result of reasonable academic or pedagogical publishing practice, a staff member must assign copyright to a Work to a third party asa condition of publication. In such a case, the staff member shall make best efforts to cause the
third party to provide a licence to the University in relation to the Work, such licence containing
terms that are analogous to those described in 2.1.
2.4 The licence contemplated by 2.1 does not preclude a staff member from agreeing with the
University to grant any additional licence or other rights in and to a Work to the University.
2.5 A staff member, reasonably believing that his or her Work is unsatisfactory for a proposed use due
to outdating, incompleteness, negative impact on the professional reputation of the staff member,
or other academic grounds, may amend the Work or require that its use be withheld.
Limited Exception – Works Created to Fulfill Assigned Course Responsibilities
2.6 Except in the cases described in 2.7 to 2.9 inclusive, the licence contemplated by 2.1 does not
apply to any Work created by a staff member to fulfill assigned course responsibilities under
Articles 7.02.1 and 7.03.1 of the Agreement.
2.7 The licence contemplated by 2.1 includes those elements of a course outline that set out the
information required by General Faculties Council policy, as described in the University Calendar.
2.8 If a staff member is unable or unavailable to deliver all or part of a course duly assigned to that staff
member, the University may use the Work described in 2.6 to complete the delivery of the course.
Such a licence will not be irrevocable, but instead will be for the duration of the course in that
academic year.
2.9 The University may use a Work described in 2.6 for the purposes of unit accreditation, in
connection with transfer credit determinations or as the University may be required to meet its
obligations to students.
https://cloudfront.ualberta.ca/-/media/hrs/my-employment/agreements/faculty-agreement.pdf
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University of Calgary Public UniversityFacultyIntellectual Property Policy1994Ownership 4.12 While patent, copyright, and other Intellectual Property legislation may give an employer ownership rights in Intellectual Property created by employees in the course of their employment, such arrangements are inconsistent with the University commitment to the open exchange of ideas and the publication, dissemination, and communication of the results of scholarly activity. Accordingly, at the University of Calgary: a) The Creator of Intellectual Property is the owner of Intellectual Property that is the result of the Creator's scholarship. However, there may be exceptions, as follows: b) The University is the owner of Intellectual Property produced by a Creator as a result of a contract between the University and an outside Sponsor under which rights to or ownership of the Intellectual Property are conveyed to the Sponsor or another party, and where the Creator has agreed in advance to the arrangements; c) The University is the owner of Intellectual Property which is the result from work assigned by the University pursuant to a contract of employment; d) The University is the owner of Intellectual Property which results from the performance of a contract for service, agreement, or commission in which the University and the Creator have agreed that the Intellectual Property will be University owned.https://www.ucalgary.ca/policies/files/policies/Intellectual%20Property%20Policy.pdf
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University of LethbridgePublic UniveristyFacultyThe University of Lethrbidge Faculty Handbook201529.01.3 In order that the member has control over the direction, integrity and use of his or her scholarly work, as a general principle ownership of all types of intellectual property shall rest with the member who creates it. 29.02.3 All copyright belongs to the member or members who create the work even if it is produced during the course of employment and with the use of the Board's facilities and resources, except in those cases where the Member is explicitly instructed to create the work as part of the Member’s assigned duties according to Articles 13, 15, or both.http://work.alberta.ca/apps/cba/docs/2219-CBA4-2013-FOIP.pdf
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