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Policy Name:Creative Works
Scope:All Employees & Associates
Revision Date: October 20, 2016
Last Review Date:June
8
9, 2023


Excerpt

General Policy: Reliant is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, and as such, may only expend its resources for the advancement of the religious, charitable, and educational purposes for which Reliant is organized. Therefore, Reliant may not legally allow its resources to be used for the personal benefit of any individual, including Reliant employees. Thus, Reliant has developed this Creative Works (CW) Policy to provide creative works ownership guidelines for:

  1. Materials or works that a Reliant employee may create while employed with Reliant ("Reliant Works")
  2. Materials or works that a Reliant employee may create outside the scope of his or her employment duties ("Independent Works")
  3. Materials or works that a Reliant employee may create from an existing Reliant Work ("Derivative Works")

It is Reliant's sincere desire (in recognition of the distributed nature of Reliant's ministry and to support the advancement of the Gospel of Jesus Christ), to encourage Reliant employees to develop CW. This policy is intended to offer guidance to Reliant employees contemplating the production of CW to ensure that both they and Reliant understand their rights and responsibilities with respect to such property. Questions regarding the interpretation of this CW policy can be directed to the Reliant Director of Organizational Affairs, who is also a designated representative of the President/CEO to take responsibility for the implementation of this policy.


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…the CW for (an in) all media now known or later developed.

The Reliant Executive DirectorPresident & CEO, or his designated representative, will be the contact for all permission and licensing requests, and legally is required to oversee the dissemination of all Reliant Works, and establish procedures to protect all published and unpublished Works from unauthorized use or distribution.

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    • Independent Work has been presented in advance and approved in concept by the Reliant Executive Director or his the President & CEO or designated representative.
    • Independent Work is created on the employee's personal time, with no support or resources, financial or otherwise, from Reliant.
    • Independent Work is not created or developed for a specific Reliant job assignment, is not based on a Reliant job assignment, or is not otherwise created or developed specifically for the Reliant ministry in any way.
    • Independent Work is not advertised or promoted using Reliant resources during the term of the Reliant employee's employment.
    • Independent Work does not reference the employee as an employee of Reliant (unless previously approved by the Reliant Executive Director or his the President & CEO or designated representative).

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    • If an employee wants to create a Derivative Work derived from an existing Reliant-owned Work (for his or her personal benefit and not as part of his or her Reliant job responsibilities), the Reliant employee needs to simply request permission and negotiate ownership rights with the Reliant Executive Director, or his President & CEO or designated representative. This needs to be done before creating a Derivative Work.
    • If Reliant agrees that such a Derivative Work should be created for Reliant, it may decide to assign a Reliant employee to create the Derivative Work. In that case, the Derivative Work created will be deemed a "work made for hire" and Reliant will need to legally own the copyright in the Work.
    • If Reliant determines it does not want to create such a Derivative Work, but would still like to see that Derivative Work created and distributed for the public, it may negotiate with the Reliant employee to provide a license to that employee to create such Derivative Work.
    • Ownership rights, credits, royalty interests, and all incidents of copyright ownership, as well as licensing rights for Reliant, will then be determined on a case-by-case basis by the Reliant Executive Director, or his President & CEO, or designated representative, in consultation with legal counsel.

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Given the nature of the employment responsibilities of Reliant employees, it is expected that employees may routinely create Reliant Works in the scope of their normal employment. Employees need to contact the Reliant Executive DirectorPresident & CEO, or his designated representative, for guidance in determining the ownership rights with respect to the CW that they are contemplating creating.

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Written Notification
Employees are required to notify the Reliant Executive Director the President & CEO in writing, or his the designated representative, in the following situations:

    • If the employee desires to create an Independent Work - CW that he or she believes would belong to the individual and not to Reliant (because it would not be developed within the scope of their Reliant employment)
    • If the employee desires to develop a Reliant Work (within the scope of his or her employment) that the employee believes has or may have value for distribution outside of the employee's local church or ministry setting (such as a book or worship recording)
    • If the employee desires to create a Derivative Work from an existing Reliant Work.

Approval by

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the President & CEO (or

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designated representative)

Written Approval
The Executive DirectorThe President & CEO, or his designated representative, is required to give written approvals in the following situations:

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  • Independent Works - All royalties and income obtained from the CW belong solely to the employee.
  • Reliant Works - All royalties and income obtained from a Reliant Work legally belong to Reliant.
  • Derivative Works - Unless negotiated otherwise with the Executive DirectorPresident & CEO, or his designated representative, all royalties and income obtained from a Derivative Work that was derived from an existing Reliant work legally belong to Reliant.

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  • Independent Works - All expenses related to producing CW obtained from an Independent Work are the sole responsibility of the employee and must be paid by the employee.
  • Reliant Works - Unless negotiated otherwise with the Executive DirectorPresident & CEO, or his designated representative, all expenses related to producing, publishing, distributing CW that is a Reliant Work developed by an employee, will need to be paid from the applicable Reliant MTD account for which that employee is responsible.
  • Derivative Works - Unless negotiated otherwise with the Executive DirectorPresident & CEO, or his designated representative, all expenses related to producing, publishing, distributing CW that is a Derivative Work developed by an employee, will need to be paid from the applicable Reliant MTD account for which that employee is responsible. (Here it is assumed that the Derivative Work was derived from an existing Reliant work and belongs legally to Reliant).

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Expenses Incurred: For Sections 3 and 4 above, Reliant will obtain a fair market value of the CW in consultation with legal counsel. Unless negotiated otherwise with the Executive DirectorPresident & CEO, or designated representative, all expenses incurred related to valuing the CW, will need to be paid from the applicable Reliant MTD account for which that employee is responsible.

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