Film Training Manitoba (hereafter referred to as “FTM”) supports creativity, innovation and invention among its participants, instructors, partners and administrative staff.
The intent of this policy is to assure that any intellectual property (hereafter referred to as “IP”) produced will be utilized and developed for the benefit of the creators, FTM, and the public. The rights and responsibilities regarding IP are covered in this policy.
FTM personnel are covered to the extent that their creative work involves the use of FTM resources such as space, facilities, equipment, staff, or funds, as stipulated for the particular circumstances described in this policy.
FTM personnel: refers to FTM instructors, former and current board or committee members, support and administrative staff, participants, contractors, consultants and all other persons whose primary work affiliation is with FTM, whether compensated by FTM or not.
Experiential educational programs: refers to field experience, mandatory program projects, co-op, work term, internships and for the purposes of this policy.
Gross Royalties: refers to cash or cash proceeds received by FTM, whether from the sale of equity or obtained in licensing transactions, milestone payments or royalty payments.
IP: is any form of knowledge or expression created by one’s intellect that can be legally protected. Types include:
- Copyrights: Copyrights include, without limitation, all creative works, electronic or paper documents, software (including source code and object code), multimedia or audiovisual materials, photographs, and any other materials that may be copyrightable under Canadian law. (Copyrightable material shall include educational or research software, but shall not include software other than educational or research software.)
- Industrial Designs: An industrial design is the features of shape, configuration, pattern or ornament (or any combination of these features) applied to a finished article made by hand, tool or machine. It may be, for example, the shape of a table or the shape and ornamentation of a spoon. The design must have features that appeal to the eye. (Canadian IP Office, Industry Canada)
- Integrated Circuit Topographies: Integrated circuit topographies are now considered a form of IP. Recognizing the growing impact of integrated circuit technology in virtually all fields of industry, and the need to protect Canadian innovations in this technology both nationally and internationally, Canada has introduced protection for integrated circuit topographies. Topographies are innovative, three-dimensional circuit designs used in many different products. Examples of such products are automobiles, industrial robots, cameras, spacecraft and computers. (Canadian IP Office, Industry Canada)
- Patents: Patents include, without limitation, all inventions, discoveries, know-how (despite the fact that these may not benefit from patent protection) or other material that is patentable under Canadian law, as well as all software that is excluded from “copyrightable material” (whether or not patentable under Canadian law).
- Trademarks: Trademarks include a word, a symbol, a design (or a combination of these features), used to distinguish the wares or services of one person or organization from those of others in the marketplace or any other feature that is considered a trademark under Canadian law.
- Trade secrets: Trade secrets are ideas or know-how (business methods, processes, machines, formulas, patterns and techniques) that are kept secret from one’s business competitors.
- Invention: Invention means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter.
Net Royalty Income: refers to gross royalties received by FTM, in the form of cash or cash proceeds, whether from the sale of equity or obtained in licensing transactions, milestone payments or royalty payments, unless otherwise agreed, less commercialization costs of the Research Office (including but not limited to billed costs for protection of IP, marketing, legal fees and other licensing costs).
1. Protectable IP
1.1 Determination of Rights to Protectable IP
FTM will assert ownership rights to protectable IP, except copyrightable IP, developed under any of the following circumstances:
a) Development was funded by an externally sponsored research program or by any agreement that allocates rights to FTM.
b) Development was funded or partially funded by one or more sector partner(s).
c) Development required use of FTM resources (e.g. facilities, equipment, funding) or more than minimal use of FTM personnel.
d) The creator was assigned, directed, or specifically funded by FTM to develop the material.
e) Material was developed by administrators or staff in the course of employment duties and constitutes work for hire under Canadian law.
The creator of protectable IP retains his or her rights, and FTM shall not assert ownership rights, except as outlined above. Creators are encouraged to seek the advice from FTM’s Managing Director in determining whether the subject matter is protectable.
FTM personnel, who alone or in association with others (within or outside FTM) create IP, with any use of FTM resources, that may be protected (registered as a patent, industrial design, integrated circuit topography or a trademark) except for copyrightable IP (see Section 2) are responsible for disclosing the subject matter to FTM. Disclosure must be made when it can be reasonably concluded that a protectable subject matter has been created, and sufficiently in advance of any publication, presentation, or other public disclosure to allow time for possible action that protects rights to the IP for the creator(s) and FTM.
2. Copyrightable IP
2.1 Determination of Rights to Copyrightable IP
The creator of copyrightable IP will retain his or her rights, and FTM shall not assert ownership rights, except as outlined below. However, all creators will be expected to grant to FTM perpetual, irrevocable, non-exclusive, worldwide, royalty-free licenses for copyrightable material that is developed for FTM courses or curriculum, so that FTM’s continued use of such material for educational purposes will not be jeopardized.
FTM will assert ownership rights to copyrightable IP developed under any of the following circumstances:
a) Development was funded as part of an externally sponsored research program under an agreement, which allocates rights to FTM.
b) FTM personnel were assigned, directed, and/or specifically funded by FTM during the course of employment to develop material, and FTM has negotiated an understanding and/or formal contract with the creator.
c) The material was developed by administrators or other non-faculty employees in the course of employment duties and constitutes work as a condition of employment under Canadian law.
d) The material was developed with extraordinary or substantially more use of FTM resources than would normally be provided for the creator’s employment duties. This might occur as disproportionate use of staff time, networks, equipment, or direct funding.
FTM personnel are not obligated to disclose the creation of copyrightable material, even when the product might have commercial value, unless the material was developed under one of the qualifying conditions listed above in section 2.1, in which case, the creator is responsible for timely disclosure.
3.1 If FTM personnel decide to pursue commercialization of their invention, they must contact FTM’s Managing Director to initiate this process.
3.2 FTM personnel who wish to pursue the commercialization of their independently developed and owned IP through FTM may offer such IP to FTM by disclosing the IP to the Managing Director.
4. IP Developed in Joint Initiatives with Outside Parties
Where the FTM enters into an agreement with an outside party (person(s), institution(s), or business(s)) that may result in the generation of IP, the parties will ensure that a written agreement sets out their respective rights to the IP in the work and any terms relating to the sharing of risk and revenue from the exploitation of the work.
5. IP Developed Under Sponsored Research Agreements
Ownership of IP developed pursuant to an agreement with any sponsor will be governed by the provisions of that agreement. Sponsored research programs funded by private sponsors will generally provide for FTM to retain title to all IP that arises in the course of the research program with the sponsor retaining an option to acquire commercialization rights through a separate license agreement. Government and non-profit sponsors generally allow rights to IP that arise from the research program to vest with FTM, subject to certain retained rights held by the sponsoring agency.
6. IP Developed Under Experiential Education Programs
For the purposes of this policy, work completed by FTM personnel in experiential education programs will be considered by the FTM to be bound by copyright laws and policies as they relate to the organization in which the experiential learning takes place.
7. Waiver of Return of Rights
Since FTM aims to encourage creativity; it reserves the right to allow some flexibility in applying this policy on a case-by-case basis. FTM may, at its sole discretion, waive, transfer, or license to the creator its rights to any IP when such action does not conflict with obligations to other interested parties. This could occur for instance, if the costs of protecting and developing the IP are not likely to be matched by anticipated income. If at any time FTM shall terminate its effort to seek protection of IP, or to discontinue commercial development, the inventor shall, upon filing a request with FTM and completing appropriate transfer of rights, be free at his or her expense to seek a patent or copyright, and / or develop, license, and otherwise use the material, subject to FTM’s rights to reimbursement of incurred costs and sharing of future royalties, in amounts to be negotiated between FTM and the creator on a case-by-case basis.
9. FTM Personnel Equity Participation
FTM personnel who are planning to direct or participate in a research program sponsored by a company in which they hold equity must disclose their equity position, and agree to periodic review of their participation in the project, to FTM’s Managing Director. The purpose of such review is to assess potential conflicts between company-sponsored research and other research programs and to monitor compliance with FTM policies.
10. Conflict Resolution
FTM’s Managing Director will handle questions regarding the application, interpretation or implementation of the policy, or regarding disagreement among creators concerning assignment of rights or sharing of royalties. Disagreement with any determination made by that Office may be directed to the appropriate designate for a final determination.
11. Use of FTM Name, Mark, or Insignia
Use of FTM name, seal or logo on letterhead and business cards is standardized and
regulated by FTM’s Managing Director.
The FTM name, seal, and logo may not be used without the approval of FTM’s Managing Director:
a) in conjunction with any private or commercial enterprise;
b) in tandem with the advertisement of any product; or
c) by any individual or group promoting itself.
Any questions regarding the use of FTM name seal, or logo should be referred to FTM’s Managing Director.
Film Training Manitoba (hereafter referred to as “FTM”) is required to comply with Canadian Copyright Law, institutional licensing agreements and the Universal and Berne International copyright conventions to which Canada is a signatory. This means that the reproduction, use and dissemination of copyright protected materials, regardless of format, are subject to certain limits and restrictions.
This applies to employees and participants of FTM. Copyright applies to all original literary, dramatic, musical and artistic works.
Copyright: the exclusive legal right given to a creator to reproduce, publish, sell or distribute their work.
- It is the responsibility of FTM instructors, staff and students to be aware of the restrictions and to copy and distribute materials in accordance with institutional directives.
Copyright Act of Canada, 1985