Intellectual Property

Procedure Number: 
001
Policy Number: 
3107
Responsibility: 
Vice-President, Academic
Approved: 
Board of Governors
Effective: 
April 27, 2000
Last Amended: 
March 26, 2015
Review: 
March 26, 2017
Procedure Statement: 

Ownership:

  1. Before a JIBC employee embarks upon a JIBC-related assignment, project, or undertaking that may ultimately require Intellectual Property ownership clarification, the employee will discuss the ownership with the appropriate Dean or designate. The purpose of this discussion will be to ensure a common understanding of the nature of the assignment, project, or undertaking and the consequent Intellectual Property ownership arrangements (as per the JIBC Intellectual Property Policy) and, where necessary, to create a written agreement. In the case of multiple creators, it is critical that all co-creators be identified.
  2. When creating an agreement where a JIBC employee or contractor retains the Intellectual Property ownership, the Dean or designate will ensure that JIBC is granted a royalty free right to use such Intellectual Property in perpetuity for JIBC purposes and the right to amend and update such Intellectual Property with the prior written approval of the owner.
  3. Contractors commissioned to do work for JIBC will be hired under the terms of a JIBC contract, which will define IP ownership. When contractors supply their own contract, JIBC will ensure IP ownership is addressed in the contract, and wherever possible, IP will be owned by JIBC.
  4. When JIBC is commissioned to do work for external clients, JIBC will ensure IP ownership is addressed in the contract, and wherever possible, IP will be owned by JIBC.
  5. When working with photographers, contracts should stipulate that JIBC will retain exclusive copyright on all images, and reserve the right to reproduce the images for its own purposes in perpetuity without paying additional fees.  If an alternative agreement is required, and the photographer retains copyright, contract language should ensure that the photos are excusive to JIBC and may not be sold or otherwise provided to third parties. The photographer may retain the right to use the photos in their own marketing materials but not to resell the images to other clients.
  6. Where research or other intellectual endeavor is subject to an agreement between JIBC and a sponsor that contains clauses restricting copyright or other Intellectual Property, all such Intellectual Property shall be handled in accordance with such agreement.  In negotiating such agreements, JIBC shall strive to negotiate the least restrictive arrangements possible consistent with JIBC and individual author’s commitment to the widest possible dissemination of the results of intellectual endeavours. In all cases, all members of the JIBC community, including students, who will be involved in sponsored research will be informed of any restrictions relating to Intellectual Property and will be able to make informed choices as to their participation.
  7. Employee agreements as per number 1 and 2 above will be held by Human Resources in the employee’s personnel file.  Contracts as per number 3, 4, 5 and 6 above will be held by Office of the VP Finance and Administration. 

Administration:

  1. Employees will work with Communications & Marketing to determine the appropriate copyright identification and style of all JIBC-produced publications and products.
  2. Employees will notify the Copyright Librarian when copyrightable materials are created so that the Library can promote the items internally and keep them on file for the future JIBC Institutional Repository.
  3. When works are given a Creative Commons license, employees will notify the Copyright Librarian in order to keep citations for all of these titles noted in one central location.
  4. The Associate Director, Indigenization, in consultation with other key staff, will document all agreements gifting Indigenous Traditional Knowledge (ITK) to JIBC, and will work with the Copyright Librarian to develop a process for providing faculty and staff access to all ITK gifted to JIBC.
  5. External requests for permission to use JIBC Intellectual Property will be coordinated by the Copyright Librarian.
  6. Registration of a work is not necessary to establish ownership of copyright. However, employees or JIBC may wish to register a work. To obtain procedures, contact the Copyright Librarian.

Capitalized terms that are not defined in the Policy have the meaning given to them in the Intellectual Property Policy.

Last updated August 9, 2015