Copyrightable Works Policy

Adopted by the Information Services Policy Board, December 2002

Statement of Purpose: This policy is intended to ensure that all State of Maine employees understand that all copyrightable works prepared by a State employee within the scope of that employment are the property of the State of Maine

Scope: This policy applies to all employees of the State of Maine.

Definition: As used in this policy "property" shall mean copyright and all rights in the nature of copyright as well as the tangible media in which a work may be fixed.

Policy:

  1. All works of authorship protectable under the Copyright laws of the United States, including but not limited to computer software, maps, photographs, drawings and other graphic matter, data compilations, reports, instruction manuals, text books, videotapes and other audiovisual works and all fiction and non-fiction writings, prepared by an employee of the State of Maine within the scope of that employment are the sole property of the State of Maine.
  2. The State shall treat any work prepared in whole or in substantial part during the working hours of a State employee or any work prepared using equipment, or any other tangible or intangible resource, belonging to the State of Maine, as having been prepared within the scope of the preparing employee's employment without regard to the content of that employee's job description.
  3. Any employee of the State of Maine who loads or uses, or assists in loading or using, computer software prepared by a State employee on any computer owned or leased by the State of Maine shall be deemed to have acknowledged that the software was prepared by a State employee within the scope of that employment.