Copyright Questions
45. What is a copyright?
A copyright is the grant of protection by the laws of the United States to the authors of “original works” including literary, dramatic, musical, artistic, architectural, and certain other intellectual works, and is available for both published and unpublished works. An owner has the exclusive right to authorize others to reproduce the work; create derivative works; distribute copies of the work; perform the copyrighted work publicly, display the work publicly, and if it is a sound recording, perform the work publicly. Software may be copyrighted, but may also, in certain circumstances, be protected by a patent. For further information about potential works that may be copyrighted contact the OTT at (252) 328-9549.
46. What is the life of a copyright?
Copyrights are in effect for the life of the last surviving author, plus 70 years. If the work is produced as a result of the author’s employment, the term is 95 years from the first publication, for 120 years after the creation of the work, whichever is shorter.
47. How do you file for copyright protection?
Copyright protection automatically exists from the moment of creation, and a work is created when it is fixed in a tangible form. Therefore, no publication or registration or other action by the Copyright Office is required to secure a copyright, although certain advantages are retained for registered copyrights, such as the right to seek damages for copyright infringement.
48. What is a Material Transfer Agreement (MTA)?
Material Transfer Agreements (MTA) establish terms of confidentiality for tangible material, such as biological materials. An MTA should be used if tangible material is to be made available for use or review to an academic colleague or to a potential corporate collaborator.
49. What is the Bayh-Dole Act?
The Bayh-Dole Act, passed by Congress in 1980, created a uniform patent policy among the U.S. federal agencies that fund research in the non-profit and small business sectors. The Act provides recipients of federal research funds with the right to retain ownership of their patents with the underlying tenet that federally funded inventions should be licensed for commercial development in the public interest. This principle is reflected in virtually all university policies whether or not the invention is federally funded.
50. What happens to the invention if an inventor retires from ECU, transfers to another university, or dies?
If an inventor retires from ECU or transfers to another university, the inventor is still entitled to the inventor’s personal share of license revenue disbursement. If an inventor dies, the inventor’s share of the license revenue is disbursed to the inventor’s heirs.
