directly related to their terms and conditions, and where it is not assigned through express arrangement. This is particularly relevant to general and professional staff where the terms and conditions of employment generally specify what IP they create is subject to the employment relationship. •
Intellectual property policies and terms of employment should ensure academic and research staff in principle retain: o o o o
Academic freedom and self-determination in relation to choice of research; Freedom to publish research results; Freedom to collaborate with researchers in other institutions; Capacity to solicit research funds from outside institutions.
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The moral rights of creators are inalienable and NTEU opposes standardised contractual provisions, contracts or other policy instruments that attempt to assign or waiver the moral rights of staff.
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NTEU is opposed to: Standardised provisions in letters of employment that directly assign IP rights to the university, or do so by reference to university IP policies; o The use of deeds and other legal instruments that directly assign IP rights to the university; o Standardised provisions that modify the contractual obligations of undergraduate and postgraduate students in relation to IP as non-employees. University IP policy should acknowledge that UWA vs Gray provided clarity about the academic ownership of inventions created in the course of research and that this should only be contractually modified on a case by case basis through negotiation with the affected staff. o
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NTEU opposes the recording of lectures or other classes without prior permission.
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NTEU opposes written permissions which authorise universities to use recorded materials in perpetuity, and asserts that the use of such recordings should be limited by the length of employment.
In support of these principles, the NTEU will: • Defend the IP rights (both moral and proprietary) of university staff where it detrimentally impacts upon the employment relationship, the free exchange of information and ideas, or upon protocols that shape academic integrity. •
Prepare and maintain up-to-date advice for members about the IP rights of university staff, including in relation to case law.
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Collect and share information at all levels of the Union about institutional strategies and changes to the IP rights of university staff, particularly through changes in letters of employment, deeds, and other legal instruments. Strongly support the information commons as the foundation for academic knowledge; support the 'open access' movement in academic publishing, and oppose any requirement that academic staff publish in journals that restrict access behind a paywall.
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