Appendix 2 - Sample IP Policy

Summary

Definitions

Commercial Use Reproducing a work in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation.

Crown Copyright Works deposited with the organisation that have been produced for or on behalf of the Crown.

Infringement Any unauthorised use of material, which is protected by copyright and/or any other related right, for which permission to use, has not been obtained. Infringements can occur in print and/or digital form.

Intellectual Property Rights (IPR/IP) All patents, Trade Marks, trade names and domain names, service marks, rights to inventions, copyright and related rights, rights in get-up, rights in goodwill, unfair competition rights, rights in designs (whether held in physical or electronic format or otherwise howsoever), database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewal or extensions of, such rights and similar or equivalent rights or forms of protection in any part of the world.

Non-commercial Use Reproducing a work in any manner that is not primarily intended for or directed toward commercial advantage or monetary compensation.

Orphan Works Works that are in copyright, but where the owners of any third-party rights are either unknown or cannot be traced.

Third-Party Rights Intellectual property rights, not owned by the organisation.

Works Items, objects and/or collections and/or content, both accessioned and support collections. It also applies to any assets created by the organisation's staff and/or anyone else working for, or on behalf of the organisation and/or involving the organisation.

Introduction

The organisation owns, creates, commissions, loans, acquires, has deposited and uses a wide range of Works. Intellectual Property Rights (IPR) protects many of these. This document sets out the organisation's policy regarding the use, access to and management of these IPR. It includes IPR owned by the organisation, as well as any IPR vesting in the organisation's Works for which a third party might own the IPR.

This Policy outlines a framework under which the organisation, its staff and those working for or on behalf of the organisation should operate to ensure legal compliance, reduce the organisation's exposure to risks and work in accordance with robust ethical and reputational imperatives. Moreover, adherence to this Policy supports the achievement of the organisation's strategic objectives.