In This Section

Copyright is the ownership and control of the intellectual property in original works of authorship.

Copyright ownership and the rights thereof are defined by federal law; however, Coastal Carolina University policies effectively grant ownership to certain copyrightable works to individual authors even though federal law would vest ownership in the University. Those determinations have been made by category of copyrightable work and category of author.

In general, all material owned by the University shall be protected by notice of copyright in the name of the University.  Review Coastal Carolina University's Copyright Ownership Policy.  

Ownership of Traditional Works

Ownership belongs to the creator of the work, unless it is a directed work, sponsored work requiring University ownership or a work made for hire described in a written agreement between the work's creator and the University.

If the University is to be involved in commercializing a traditional work or non-directed work, the creator shall assign the work to the University under an Assignment Agreement.

  • The Assignment Agreement shall contain provisions outlining the commercialization responsibilities of the University and a mechanism for the sharing of commercial proceeds with the Author.
  • In cases of ownership by the creator of a traditional work or non-directed work, the University shall have a Shop Right in the work.
  • Shop right is an implied license under which the University may use a patented invention created by an employee, who was working within the scope of their employment, using University equipment or inventing at the University's expense.

Examples of Traditional or Non-Directed Works include literary works, musical compositions, journal articles and other scholarly works, and instructional materials, unless any such work is specially ordered or commissioned by the University.

If the work involves "exceptional use of institutional resources," ownership belongs to the University. However, upon agreement by the appropriate institutional official or body, the University may release or transfer its rights to the creator, with the University retaining:

(a) a Shop Right;
(b) the right to require reimbursement from the creator equal to the value of institutional resources used if the work  produces income for the creator; and/or
(c) the right to receive royalties in the same proportions as are provided for patent income (see the Income from Copyright section) under these policies if the work produces income for the creator.

The parties may also negotiate for joint ownership of such works, with the approval of the appropriate institutional official.

Ownership of Directed Works

Ownership belongs to the University. The work's creator, where practical, shall be granted a Shop Right.

The University may release or transfer its authorship rights to the creator under a written agreement negotiated between the creator and the University, usually with the University retaining:

(a) a Shop Right, and/or
(b) the right to require reimbursement and/or income sharing from the work's creator to the University if the work produces income for the creator.

The parties may also negotiate for joint ownership of such works, with the approval of the appropriate institutional official or body.

Ownership of Sponsored Works

For a sponsored or externally contracted work developed under an agreement that expressly requires copyright ownership by the University, the creator of the work must disclose the work to the University.

Provided there is no conflict with a sponsored agreement, the University may release or transfer its rights to the work's creator under an agreement negotiated between the creator and the University, usually with the University retaining:

(a) a Shop Right, and/or
(b) the right to require reimbursement and/or income sharing from the work's creator to the University if the work produces income for the creator.

The parties may also negotiate for joint ownership of such works, with the approval of the appropriate institutional official.

For a sponsored or externally contracted work created under an agreement that does not expressly require copyright ownership by the University or a third party, the creator of the work shall own the work, subject to disclosure to the University where required under institutional policy. In case of ownership by the work's creator, the University, if practical, shall be assigned a Shop Right.

Income from Copyright Works Not Owned by Coastal Carolina University

Authors and creators of original works in which the University claims no interest may exercise exclusive rights protected by copyright law, register the copyright and receive any revenues which may result there from.

Works in which Coastal Carolina University has an Ownership or Income Interest

Income received by the University through the sale, licensing, leasing or other use of copyrightable material in which the University has an ownership interest will normally be shared with the author.

Authorship for this purpose shall be determined by the Provost or such officer's designee. Compensation and division of royalties, if any, will be the same as that provided for patent income under these policies and procedures, unless other terms are negotiated by written agreement prior to commencement of work on the project.

In the event that an author contributes a copyrighted work to the University, a written agreement accepting such contribution shall be executed by the President or that officer's designee, and subject to approval and acceptance of The Board of Trustees.

In the event that a person otherwise assigns a copyrighted work to the University for value, the terms of the agreement shall include a statement governing the division of royalties or other income between the University and the assignor.

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