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Copyright in team research and consultancy materials

Under Monash University Statute 11.2- Intellectual Property and the IP Regulations made under the statute, an originator who is a member of the academic staff, owns copyright in a copyright work the subject matter of which is primarily concerned with scholarship, research, artistic expression, creativity or academic debate except for certain exceptions including

  • course materials
  • a work which utilises background IP owned by Monash
  • a work which is owned by someone other than the originator pursuant to a contract with the University eg a research funding agreement
  • Publications administered out of University faculties, departments or centres where an agreement exists between the University and contributing authors, assigning copyright or partial rights to the University. 

Where members of the academic staff are working in a team situation and intend that the outcomes of the research will be owned and commercialised for the benefit of their department/centre, all members of the team should be asked to assign to the University future copyright in the outcomes of the research. This should be done before the research commences. (Copyright cannot be assigned to a faculty or a department because these units are not legal entities.) If copyright is not assigned, it would be possible for a member of the team to take up employment with another university or within the private sector and utilise research material he/she has authored at Monash for the benefit of the new employer.

Copyright cannot be assigned to a faculty or a department because these units are not legal entities.

Research assistants

Research assistants should also be asked to assign future copyright as they are academic staff, normally on casual or fixed term appointments.

Consultants

Should never be permitted to commence work until they have signed a contract. The University's standard consultancy contracts provide for an assignment of copyright.

For information about the Statutory Licences for educational/library copying in the Australian Copyright Act, consult the University Copyright website  or contact the Copyright Adviser on 99055732;

Email: University.Copyright@lib.monash.edu.au

or contact the Deputy University Solicitor, Glenda Beecher.