Copyright Policy

Approved by: Office of the President 
Responsible Department: Office of the President
Responsible Administrator: Vice President of Planning and Strategy
Date of Approval: March 31, 2026
Last Updated: March 31, 2026
Additional References: Title 17 of the United States Code, Colby College Digital Millennium Copyright, Procedures, https://libguides.colby.edu/copyright/, Creative Commons, GNU General Public License (GPL)

1. Scope and Definitions 

1.1. Scope: This Colby College Copyright Policy (the “Policy”) governs the ownership of  copyrighted materials developed by members of the Colby Community (as defined  below). Copyright is a set of exclusive rights granted by federal statute in the United  States (Title 17 of the United States Code) and many other countries. These rights vest  automatically whenever a work of original expression is created in a tangible form.  Copyright does not apply to works that you create but which are not fixed in some  tangible medium. This means extemporaneous lectures or thoughts that are only  expressed verbally are not protected. Because there is no required process by which these  rights are obtained, the author or creator owns these rights immediately upon creation of  the work. 

1.2. Definitions: Certain terms in this Policy take on special meaning, and are defined below: 

1.2.1. Author/Creator: The terms “Author” or “Creator” may be used interchangeably  in this Policy to refer to individuals who have contributed to the development of  Copyrightable Works. Creators/Authors shall mean the authors of the work in  accordance with US copyright law.  

1.2.2. Colby Community: All Faculty, staff, students and persons employed by Colby  College and any person using Colby College facilities under the supervision,  management, control or sponsorship of College personnel including students, visitors,  volunteers, fellows, and scholars. 

1.2.3. Copyright/Copyrightable Works: Original works of authorship which are  created in a tangible medium of expression. Copyright refers to an exclusive right,  granted to the author/creator by law, upon creation, to copy and otherwise utilize an  original work. Note that Copyright is a type of protection that protects the expression  of an idea but not the idea itself. 

1.2.3.1 Examples of works subject to Copyright are scholarly and artistic  works which can include databases and other compilations, instructional materials and tests, and related works; musical works, including any accompanying words; dramatic works, including any accompanying music;  pantomimes and choreographic works; pictorial, graphic, and sculptural works;  motion pictures and other audiovisual works; sound recordings; and architectural works.  

1.2.3.2 Under current U.S. Copyright Office guidance, copyright protection is  only available for works created by human beings. While a work containing  AI-generated material may be eligible for registration, protection only extends  to the human-authored aspects of the work (such as the specific selection, arrangement, or creative structure). Material generated by AI technology without sufficient human creative control is not protected by copyright. 

1.2.4. Exceptional Use of College Resources: Means the provision of funding,  facilities, or staff support to a degree or nature significantly exceeding that which is  typically available to the Colby Community. Ordinary use, which does not constitute  exceptional support, includes the use of College libraries, computers, and routine  support from Information Technology Services. Similarly, the use of standard office  space, labs, studios, typical artistic materials, and funding for sabbatical leaves,  scholarly activities, or start-up packages does not constitute Exceptional Use of  College Resources. 

1.2.4.1 When any member of the Colby Community is granted Exceptional  Use of College Resources, a written contractual agreement or formal  

determination must be reached before the resources are allocated. In cases  where an agreement is not reached in advance, the work shall be considered a  “work made for hire” as specified below. 

1.2.4.2 If the status of Exceptional Use of College Resources is unclear, individuals should seek a determination before proceeding. Faculty and academic support staff should consult the Office of the Provost. In all other  cases, inquiries should be directed to the Vice President of Planning and  Strategy or the Office of the General Counsel. 

1.2.5. Faculty: Includes all persons holding Faculty appointments, postdoctoral fellows,  visiting Faculty, and other scholars engaged by the College. 

1.2.6. Other Definitions: Other definitions are incorporated into specific sections  below, including “works made for hire”, and the “functional interest” and “identity  interest” of the College, which impact a Creator’s ownership of work.  

2. Copyright Ownership 

2.1. Academic Tradition: In the US, Copyright vests with the Author of a work without the  need for any action or governmental formality. Although the Copyright doctrine of  “work made for hire” (17 U.S.C. §§101 & 201b) often vests those rights in Colby, for  most categories of Copyright Works, Colby renounces that claim so that the creators of  such works remain the holders of the Copyright protections in that work subject to (a) an  irrevocable, non-exclusive license, as described in Section 3 of this Policy, (b) specific  works which fall into the Works Made for Hire exceptions described in Section 2.2,  below, and (c) work developed through the Exceptional Use of College Resources as  defined in Section 1.2.4 above (unless otherwise agreed.) Specific policies regarding  different types of Copyrightable work, including Colby’s continuing interests in such works, follow. 

2.1.1 Traditional Works of Scholarly and Creative Authorship: Faculty members  shall own the Copyright in traditional works of scholarly and creative authorship,  such as literary or scholarly works, journal articles, textbooks, monographs, and  the original expression and scholarly reporting of research results. This ownership  applies to works produced as part of Faculty research and educational activities.  

2.1.2 Syllabi and Course Materials: Syllabi and course materials prepared by Faculty  for courses taught at Colby shall belong to the creating Faculty member. The  creating Faculty member, upon request, shall provide a copy of such materials and  syllabi to the relevant department chair or Provost. 

2.1.3 Artwork: Artwork, including but not limited to paintings, sculpture, drawings,  performance, photography, ceramics, graphical creations, glass creations, tapestry  creations, and musical and video compositions shall belong to the Creator.  

2.1.4 Software Created Through Faculty Research: Software and online works of  scholarship, in code, models, or visualizations, when developed as part of a  Faculty member’s scholarship and research, shall belong to the Creator. If such  software is part of a patentable invention, the ownership and licensing terms in  Section 4.2 shall take precedence over this provision. 

2.1.5 Staff-Authored Works: While original works created by Colby staff within the  scope of their employment are generally owned by the College as ‘works made for  hire’ (see Section 2.2), Colby renounces its claim to the Copyright in traditional  scholarly, literary, or artistic works such as books, scholarly articles, or artistic  creations in any medium produced by staff members, which shall belong to the  Creator. Staff members who contribute to a joint scholarly or artistic work with  Faculty or others shall own a joint author’s interest in the original expression of  that work, provided that the parties execute a written agreement outlining the  allocation of ownership and interests prior to or during the creation of the work.  

2.2 Works Made for Hire – Colby Ownership: 

2.2.1 When original works of authorship such as research reports, software, data and  analyses of data, project protocols or other similar works are developed by non Faculty employees of the College as part of their duties of employment, Colby  will own all rights to such materials, including Copyright. Such works to the extent possible shall be considered “works made for hire” under U.S. copyright  law.

2.2.2 Where a work is created through Exceptional Use of College Resources, that  work will be presumed to be a work made for hire, in which Colby owns the  Copyright. As noted above, this can be altered by a written agreement between  the Creator of the work and the appropriate representative of the College,  preferably in advance of creation of that work.  

2.2.3 Colby shall also own the Copyright, to the extent permitted by U.S. law, in works  created on its behalf in which the College has a functional or identity interest. 

2.2.3.1 Colby has an identity interest in works that are integral to, and reflect  more directly on, the identity of the College than on the identity of the  individual(s) who create the works. Examples include College catalogues,  institutional web pages, alumni magazines or College publications, admissions  brochures, and fundraising materials.  

2.2.3.2 Colby has a functional interest in works created to support or enhance  the effective functioning and coordination of College operations, such as  College directed or commissioned works produced as a specific job requirement. Examples include, but are not limited to: software developed as  part of their duties by technical staff, internal handbooks and reports, administrative procedures and policies. 

2.3 Copyright Ownership in Student Works: 

2.3.1 In the absence of a separate agreement, and subject to the policies described  below, students own the Copyright in original works of which they are the Author  or Creator, subject to the following specific provisions:  

2.3.1.1 All Copyright interests contained within student assignments, papers,  tests, test results and other similar materials produced by students as part of  their educational work, and submitted to Colby or Faculty as part of the  educational process, shall be owned by the student Creator. Colby is granted a  non-exclusive, irrevocable license to retain and utilize such submission in the  ordinary course of its operations as an educational institution, and may retain  a copy of any such submission. 

2.3.1.2 Except as set forth in Section (2.3.1.3) below, students shall retain  ownership of Copyright in all works and outputs created through College supported innovation or entrepreneurial activities. This ownership extends to  all products of incubator or start-up programs, pitch competitions, hackathons,  data fests, applied research sprints, and any other institution or sponsor supported innovation events.

2.3.1.3 The Copyright in works that are created by a student within the scope  of their employment at Colby, or when working under the direct supervision  and control of a Faculty member, shall belong to Colby. This provision does not apply to traditional works of scholarly authorship, the ownership of which  is governed by Section 2.3.1.4. 

2.3.1.4 When a student works in a Faculty-directed or research staff-directed  project (with or without compensation) leading to traditional works of scholarly authorship, the Faculty member or researcher owns any and all student-created Copyright. Faculty members or research staff are expected to  acknowledge assistance in an appropriate fashion. 

2.3.1.5 Faculty members should highlight this Section 2.3, including a note in  their syllabi or employment arrangement, prior to the start of their work with  students.  

2.4 Collaboration and Joint Authorship: 

2.4.1 Under U.S copyright law, the authors of a joint work are considered co-owners of  the Copyright in that work (17 U.S.C. §201(a)), and each holds an equal, undivided share in the Copyright.  

2.4.2 Co-authorship will be determined by the Faculty member(s), or by Colby, in case  of a dispute, based on the purpose and circumstances of the creation of a specific  work, rather than the status of the joint Creators, subject to Section 2.3.1.3 above. 

2.4.3 In some cases, students and Faculty members who are working together to  produce copyrighted content will reach a prior agreement as to the ownership, use  and disposition of that content. Colby encourages these kinds of agreements, the  provisions of which shall supersede this Policy. 

2.4.4 In the absence of an agreement to the contrary, all co-authors should have the  opportunity to consent to publication of any works in which they hold a Copyright  interest.  

3. Licensing and Use 

3.1. In all cases in which a member of the Colby Community creates and holds Copyright in  a work of authorship produced as part of their research, creative, or pedagogical  activities, Colby shall hold a non-exclusive, royalty-free, irrevocable license to use that  work for educational and administrative purposes. For the avoidance of doubt, such  purposes include the internal coordination of instructional operations, institutional  archiving, and non-commercial exhibition. This license does not grant the College the right to commercially exploit the work without a separate written agreement from the  Creator. 

3.1.1. The license described in this paragraph shall not apply to the works described in  Section 4.2 of this Policy. 

3.1.2. This license may be altered by a prior agreement between the Creator of a specific  work and an authorized representative of the College. 

3.1.3. In cases where there is doubt or ambiguity, Colby’s Office of the General Counsel  should be consulted. 

3.2. In situations where a project is supported with funds provided by an external funding  agency, the provisions of the funding agreement addressing the ownership and use of  copyrighted materials, shall take precedence over the provisions of this Policy. 

3.3. Copyright holders under this Policy are free to enter into any and all other licenses in  their discretion, including open licenses such as those from the Creative Commons or  the GNU General Public License (GPL), as long as such licenses do not derogate  Colby’s interest in the copyrighted materials that are subject to such licenses.  

4. Relationship to Other College Policies 

4.1. Except as otherwise provided in Section 4.2, this Policy takes precedence in any conflict  with other College policies regarding Copyright ownership. Any ambiguity in meaning  between this and other College policies regarding Copyright shall be resolved in favor of  this Policy. 

4.2. While this Policy governs the ownership of Copyright, certain works may also contain  functional or technical components protected by patent, trademark, or trade secret law.  This includes, but is not limited to, computer software, algorithms, biological materials,  and technical designs. Any matter that constitutes patentable subject matter, is included  in a patent application, or forms part of an invention or discovery (collectively,  “Inventions”) falls outside the scope of this Policy. Ownership and administration of  such Inventions shall be governed by the College’s forthcoming policy regarding patents  and commercialization. In any instance where a work is both a Copyright work and an  Invention, the rules governing Inventions shall take precedence. 

4.3. Colby’s policies on the use of intellectual property externally developed by others, such  as copyrighted materials owned by others, are outlined separately in the Colby College Digital Millenium Copyright Procedures. Best practices are outlined at: https://libguides.colby.edu/copyright/.