Institute Affairs: Policy on Ownership, Copyright and Sale of Objects of Art Created by Members of the Institute
It is the policy of the California Institute of the Arts to encourage every member to realize the maximum economic potential from the works he/she creates while a member of the Institute. To this end all copyrights and patents to such works are to remain in the name of their creator. It is suggested that the creator take necessary steps to perfect and preserve these rights. At the same time the creative efforts of students and faculty play a significant role in the learning experience. Therefore, the Institute reserves the right to retain a copy of members’ creations which are to be used solely for non-commercial educational purposes.
The following observations should assist in explaining the foregoing policy.
A. Three Categories of Creative Effort
Students and faculty members have all rights to their work and all editorial control, except as specifically modified by agreements made at the creator’s discretion. The degree of modification may be described by three categories in which various arrangements for funding and editorial control can be made.
1. Institute Commissioned Work
If a person or group within the Institute, that has the authority, commissions a project that utilizes talent, facilities, and materials within the Institute it is referred to as Institute commissioned work. Since such commissions involve a wide range of end-oriented activities, such as bulletins, handbooks, and annual reports, the right of editorial review and the right of final judgement of appropriateness is retained by the Institute.
The Institute has ownership of any work that it commissions, including the right to use or not to use, as it determines. If the Institute rejects a project it has commissioned it retains ownership and control.
2. Subsidized Work
In subsidized work the relationship between the subsidizer and the creative person is one of mutual agreement, wherein the limitations or terms of control are made prior to the execution of the project. The range of editorial control that the subsidizer acquires is granted at the discretion of the creator who will be doing the work. However, as to external subsidies the Institute retains the right to approve and to participate, if it desires, in the contractual arrangements. If the Institute refuses to approve an external subsidy the student or faculty member is free to arrange it on an individual basis; but no Institute materials or facilities may be used, and the Institute official imprint, or credit, may not be attached to the work.
3. Independent Work
Independent work is completely within the control of the individual student or group. This is the general condition under which students and faculty work, except when arrangements have been made that fall under one of the above classifications.
Anything provided to the enrolled student, such as basic materials that are normal to his/her course of instruction, is not to be considered a form of subsidy. Enrollment at CalArts grants the right to use certain supplies and the right to use facilities in the production of creative work over which the student retains all control.
It is advantageous to the Institute to have faculty members actively producing creative work on campus rather than elsewhere. This enhances their position with the public as well as with the students; and when possible the facilities of the different Schools should be extended to them.
B. Ownership and Patent Rights
When work is done under the classification of independent work the student or faculty member retains all rights to the work. Work done under the classification of subsidized or commissioned work is subject to modification of the ownership or patent rights under the terms of the contract agreements made before the work is begun
C. Retention of Copies
The Institute has the right to retain, if it so desires, a copy of any creative work produced on the campus. This copy may involve a variety of means of duplicating, recording, or preservation; but whatever means are employed, the cost is the responsibility of the Institute. These copies may be used within the Institute and other academic fields for non-commercial educational purposes only.
If the Institute wishes to gain ownership of an original work of art produced as independent work (where no commission is contracted in advance), and if the creator is willing to sell his work, an outright purchase is to be made. Wherever paintings and sculpture are desired for the purpose of interior decoration it is the policy that the Institute will seek first to satisfy the requirement through purchase of student or faculty works. The President must approve any purchases for purposes of interior decoration.
D. Protection of Rights
It is recognized that copyright protection may be lost by the improper distribution of creative works, but the Institute does not assume responsibility for protecting students’ or faculty members’ rights.
E. Discretion in the Use of Copies
The production of multiple copies of commercially available materials puts the Institute in the position of sanctioning a practice that works to the detriment of professional artists. This practice would be adversely received by any individual or organization in the artistic and cultural fields --- especially by record companies from whom the Institute is hoping to obtain grants of complete recorded libraries. If its facilities were used in making copies that infringe upon a copyright, or that were libelous, each School must maintain control over its duplicating facilities and is responsible for the use of these facilities.
F. The Institute Imprint
The imprint of the California Institute of the Arts is a valuable possession and should be used with an appropriate concern. California Institute of the Arts and CalArts are registered “trademarks.”