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The following Administrative Memo is listed under related documents to NC State's Copyright Implementation Regulation. I wrote it to help authors disclose NC State's shop right to the publisher of the NC State faculty author's article. It was written to both disclose the existence of the University's prior and continuing right and to allay publisher's fears that this right would harm the market for the work. Both NC State's "shop right" and UNC-Charlotte's license to use are for the university's internal use, which is clearly not a threat to the journal's world-wide market.
This memo can be adapted to fit UNCC's similar policy and use right and provide university authors with understanding and a mechanism for proper disclosure to their publishers.
Administrative Memo: Disclosure of Shop Right
The NC State Copyright Implementation REG 01.25.03 provides for a shop right in a number of circumstances. For example, for Traditional Non-directed works, EPA or Faculty authors hold the copyright with NC State holding a shop right. Conversely, for Directed Works or Traditional Non-directed Works created with Exceptional Use of University Resources, NC State holds the copyright with the EPA or Faculty author(s) holding a shop right.
As defined in REG 01.25.03, §6.4.2, a “shop right” for NC State means the right to use the original work in NC State programs of teaching, research, and public service on a non-transferable, perpetual, royalty-free, non-exclusive basis. “Shop right” for the creator means the right to use the original work for the creator’s own teaching, research, and public service on a non-transferable, perpetual, royalty-free, non-exclusive basis. A “Shop right” does not allow one to sell rights to the work or otherwise interfere with the copyright owner’s ability to commercialize the work.
Faculty or EPA authors who hold the copyright to their works, like journal articles, frequently “assign” or transfer their copyright to another entity, like a publisher. Any transfer of copyright must be in writing and signed by the copyright holder in order for it to be valid. Transfer of the copyright does not eliminate the shop right. The shop right survives the transfer. In the journal article example, the result would be that the publisher holds the copyright and NC State still has its shop right to the article.
Faculty or EPA authors should disclose the existence of the shop right within the transfer document, e.g., the publication agreement, especially if the agreement requires the author to warrant that he/she is the sole holder of rights.
Form shop right disclosure language is set forth below. This language can be inserted into the document or attached to it. In special circumstances, NC State’s shop right may be waived. Contact the Special Assistant to the Provost for Copyright Administration for shop right waivers.
Insert or Attach
Pursuant to North Carolina State University REG 01.25.03 “Copyright Regulation- Copyright Implementation Pursuant to Copyright Use and Ownership Policy of the University of North Carolina” § 220.127.116.11 Traditional Non-directed Works Created Without Exceptional Use of NC State Resources, NC State holds a shop right to the work entitled [insert title here].
As defined in REG 01.25.03, §6.4.2, a “shop right” for NC State means the right to use the original work in NC State programs of teaching, research, and public service on a non-transferable, perpetual, royalty-free, non-exclusive basis. A “Shop right” does not allow one to sell rights to the work or otherwise interfere with the copyright owner’s ability to commercialize the work.