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Collective Agreement 2002-2005APPENDIX E: COPYRIGHT LICENCE AGREEMENTThis agreement made at Brandon in the province of Manitoba this ___________day of ___________ 19__ between _______________________________________________ (hereinafter called "the member") and BRANDON UNIVERSITY (hereinafter called "the Institution") Whereas copyright in printed or recorded material (more particularly described in the First Schedule hereto and hereinafter called "the Work") is presently vested in the member and the member has agreed with the Institution for the granting of a Licence in respect of the said Work on the terms hereinafter contained. Now this agreement witnesseth that in consideration of the fees and other payments hereinafter mentioned, the member hereby grants to the Institution a Licence in respect of the Work for a period of __________ calendar years from the date hereof subject to the terms and conditions following: 1. The Institution shall be at liberty to use the Work for the internal teaching and like purposes of the Institution (other than for non-credit extension or like classes or courses) without fee or royalty throughout the period of this agreement subject nevertheless as hereinafter mentioned. 2. The Work shall be used only in connection with classes or students in the following category or categories: 3. Except with the prior consent of the member, the Work shall not be used by or for the purposes of any person outside the Institution or any body other than the Institution. 4. If the member shall consent in writing to the use of the work by or for the purposes of any person outside the Institution (hereinafter referred to as 'the other user') or if the Institution shall use the Work for non-credit extension or like classes or courses, the Institution shall, subject to condition 11 hereof, pay to the member the fee appropriate to such use set forth in the Fourth Schedule hereto. 5. Without prejudice to the provisions of condition 4 hereof, it is hereby agreed and declared that the Work shall not be used or permitted to be used by any of the following other users namely: 6. The member may in writing waive any fee, royalty, or other payment payable in respect of the use of the Work, provided that any such waiver shall be limited to the occasion and the user or users specified in the said writing. 7. Where the member and the Institution agree in writing that the Work has been rendered obsolete by advances in knowledge, this agreement shall terminate provided that in case either party to this agreement asserts that the Work has been so rendered obsolete and the other disagrees, the Parties shall refer the disagreement to a specialist in the subject in another Institution (as may be agreed by the Parties) whose decision shall be binding on the Parties. 8. Where the Institution wishes to erase or otherwise destroy the Work whether during or at the end of the term of the present agreement, the member shall be given one month's notice of such intention and shall be permitted during that time to take a copy of all or part of the Work for his/her own use and at a cost not exceeding the cost of the physical stock upon which the copy is taken. 9. The member hereby undertakes that if he/she should leave the employ of the Institution during the currency of this agreement, he/she will keep the Institution informed of his/her subsequent address or addresses during the period covered by this agreement and for one calendar year thereafter. 10. Where the member either alone or in collaboration with others prepares notes or other matter to accompany the Work the member hereby grants to the Institution a Licence to reproduce copies of the said notes or other matter and claims no fees or royalties in return unless the Institution sells or hires such copies in which event the member shall, if he/she is the sole author thereof, receive 25% of the gross proceeds or if he/she is not the sole author thereof, the said 25% shall be shared between him/her and the co-author or co-authors named in the Third Schedule hereto in the proportions there set out. Should the Institution sub-license a publisher to reproduce the said copies, the member shall be a party to the publishing contract. 11. For the purposes of conditions 4 and 10 hereof where some person or persons (other than the member) are, by reason of their participation in making the Work or the accompanying notes, beneficially entitled to a share in any fees, royalties, or payments hereunder, the said share shall be based upon their relative contribution or contributions to the Work or accompanying notes and the said fees, royalties, or payments shall be paid to the member and the said person or persons named in the Second Schedule hereto in the proportion there set out. 12. The member hereby acknowledges that the physical stock containing the Work is and remains the property of the Institution. 13. The member guarantees that the material covered by this License Agreement does not infringe the copyright of any other work. In the event that such infringement has occurred, the member shall be held responsible. FIRST SCHEDULE (See Preamble) Title, Nature of the Work: Place, Date, and Time Made, Duration: SECOND SCHEDULE (See Clause 11)
THIRD SCHEDULE (See Clause 10) Persons having a copyright interest in the whole or part of any accompanying notes or other matter
FOURTH SCHEDULE (See Clause 4)
In witness whereof the Parties hereto have executed these presents all as of the day and year first above written. |
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For problems or questions regarding this web contact
Gerald Neufeld, Retired, Faculty of Education
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