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The Employer acknowledges that it has no interest in the sense of ownership or part ownership in any printed work, lecture notes, work of art, computer programme, or recorded work (for the purposes of this Article "recorded work" means any recording, whether audio or video, made by means of tape, film, phonograph, kinescope, software or other similar medium and including any notes or other matter which accompany the medium) of a member unless special arrangements have been made with the member. Such special arrangements can only be made by completing the Copyright Licence Agreement in Appendix E. Entering into such special arrangements shall not be a condition of employment, except for those external sessional appointments [Article 7.16 (b)] made for the purpose of developing courses for distributed/distance delivery. The Union shall be notified of any such external sessional appointments.
The completion of a Copyright Licence Agreement supersedes all provisions of this Article.
The internal use, including distance delivery, of any recorded work produced by a member shall be under his/her control. If the production of the work was funded directly by the Employer or was produced using University facilities at substantially below local commercial rates, the member shall not be reimbursed in addition to his/her ordinary salary for its use in any credit course which is part of his/her regular teaching load. Payment for all other internal use of his/her recorded work shall be at rates agreed by the Parties.
The in-house use of recorded works shall not constitute part or all of the justification by the Employer for any reduction in the complement of the Department of the member who produced the material and shall not constitute part or all of the justification for any lay-offs or terminations of contract.
External use of recorded works shall be subject to the agreement of the Employer, which agreement shall not be unreasonably withheld. Unless otherwise agreed by the Parties, all rents and other proceeds from the use outside the University of recorded works (except that separately contracted for) shall, after deducting the expenses incurred in that particular use of the recorded material (but not including production costs), be distributed forty percent (40%) to the Employer and sixty percent (60%) to the member. The amount of rent and fees for such external use shall be established by agreement between the Parties.
Producers and other members of the audio-visual production staff in their role as producers have no rights over recordings produced by them on behalf of the Employer.
The Employer shall store all recorded works which were made by a member for use at the University and shall exercise reasonable care to ensure that such works are not damaged, erased, or copied without the authorization of the member. The Employer retains ownership of the stock on which the recorded work was made. The member may acquire the work by replacing the stock.
The Employer shall not erase, copy, amend, edit, use, or permit the use of a member's recorded work without the written permission of the member.
Whenever the Employer or member uses the recorded material, all reasonable steps shall be taken to ensure that those to whom the recorded material is shown or played are aware of the identity of the Employer and of the member.
If the member believes that the recorded work is unsatisfactory for use due to dating or some other good reason, he/she may amend it or may require its use to be withheld.
Where more than one member have an interest in a recorded work, any member may obtain exclusive interest in the work by paying to the others a sum to be agreed among them, in which event the others shall have no further interest in that recorded work.
Where more than one member have an interest in a recorded work, each member may exercise his/her rights under this Article with respect to his/her contribution, provided that it is severable.
A contribution is severable for this purpose if it could be erased without destroying the value of the other contributions to the same recorded work or if it could be replaced in the work by another contribution by someone else.
If a member's appointment with the Employer is suspended or terminated, his/her rights under this Article shall continue during his/her lifetime.
When a member or former member dies, his/her estate shall retain all of his/her rights under this Article.