Intellectual Property (IP) Framework for Collaboration

Inventing Earth seeks to foster collaboration between creatives in all disciplines, cultures, regions. Collaboration requires a leap of faith. The IP Framework provides a contractual framework for working artists, scientists, and other creatives that balances protection with openness for sharing. By selecting an IP type (see below) at the start of a project, participants may more freely share from the fullness of their creativity. All collaborative projects supported by Inventing Earth must be registered by the participants under the IP Framework.

NOTE: ***Please consult legal counsel prior to adopting this language in your contracts.*** 

DEFINITIONS:

OWNERSHIP OF IP FRAMEWORK signifies the legal basis for intellectual property (IP) ownership of all creative works associated with Inventing Earth and related entities. Any NAMED WORK must specify type of ownership and version number (1.0, 1.1, 2.0, etc.) of the OWNERSHIP OF IP FRAMEWORK in order to be associated with or supported by Inventing Earth events, activities, or funding.

AUTHOR signifies writer, poet, composer, artist, or other creator of original or derived works in text, music, art, or other publishable form.

UR-WORK signifies collaborative or solo creative work in its gestative phase, in contrast to NAMED WORK. To the extent possible, authors collaborating in UR-WORK should be named and authorized. Named authors of UR-WORK may have individual rights to derive NAMED WORK of principal or joint authorship from UR-WORK, and multiple derived NAMED WORK may arise from one UR-WORK collaboration.

NAMED WORK signifies specific works in development or published. In order for a work to become a NAMED WORK, it must be registered with Inventing Earth with a working title, author(s) name(s), type of work (music, play, poem, drawing, film, and so on), IP TYPE, and OWNERSHIP OF IP FRAMEWORK version number. Named authors in a collaborative UR-WORK process may apply to register NAMED WORK separately or together.

IP TYPE signifies form of IP ownership. NAMED WORK can only have one IP TYPE. As a rule, IP TYPE will not be changed once a NAMED WORK is registered. However, authors may seek registration for a new NAMED WORK under a different IP TYPE. But note that the name of a NAMED WORK must be unique, for each type of work (music, play, poem, drawing, film, and so on).

SCHEDULE signifies a specified breakout of payments and royalties for a NAMED WORK. It is only necessary to file a SCHEDULE if non-standard breakout is required. Schedules may be modified, at the discretion of Inventing Earth or affiliated entity, if the request is signed by all authors prior to publication. Schedules may not be altered after publication, except to assign royalties of a specific author to a different party (for instance, to assign residual royalties to Inventing Earth, an estate, etc.).

COPYRIGHT is not controlled or stipulated within the OWNERSHIP OF IP FRAMEWORK but is a contractual matter between the author(s) and the publisher or producer.

Valid IP TYPES for NAMED WORK in OWNERSHIP OF IP FRAMEWORK 1.0:

• (A) Principal Authorship with Royalties. These works, while created in a supportive collaborative environment, are substantially authored by a single person. Even when not 100% created by a single person, such a work largely bears the imprint of the principal author. For simplicity of administration and royalties reporting, these works will be considered the IP solely of the principal author, even when collaborators contributed, and even when such collaborators are listed in the acknowledgments or otherwise publicly referenced as contributors. Only the principal author will be listed as the author or creator. The author retains ownership of IP, although Inventing Earth or affiliated entity may or may not hold a COPYRIGHT.
• (B) Joint Authorship with Royalties. These works, even if initially conceived or drafted by a single author, reach a publishable form through collaborative effort and are substantially co-authored. These works will be considered the IP of all listed authors, even when one individual has been the primary author. All authors will be listed as authors or creators. Any upfront payments or residual royalties will be split evenly among listed authors, unless a specific SCHEDULE is attached with the NAMED WORK registration at the time of filing. No change can be made to a SCHEDULE breakout after a NAMED WORK is published. The authors retain ownership of IP, although Inventing Earth or affiliated entity may or may not hold a COPYRIGHT.
• (C) Principal Authorship without Royalties. These works, while created in a supportive collaborative environment, are substantially authored by a single person. Even when not 100% created by a single person, such a work largely bears the imprint of the principal author. For simplicity of attribution, these works will be considered the IP solely of the principal author, even when collaborators contributed, and even when such collaborators are listed in the acknowledgments or otherwise publicly referenced as having contributed. Only the principal author will be listed as the author or creator. The works are contributed to an Inventing Earth affiliated publication, repository, or show, with or without a one-time fee paid to the author, but no royalties will accrue. The author retains ownership of IP, although Inventing Earth or affiliated entity may or may not hold a COPYRIGHT.
• (D) Joint Authorship without Royalties. These works, even if initially conceived or drafted by a single author, reach a publishable form through collaborative effort and are substantially co-authored. For simplicity of attribution, these works will be considered the IP of all listed authors, even when one individual has been the primary author. All authors will be listed as authors or creators. The works are contributed to an Inventing Earth affiliated publication, repository, or show, with or without a one-time fee paid to the author, but no royalties will accrue. The authors retain ownership of IP, although Inventing Earth or affiliated entity may or may not hold a COPYRIGHT.
• (E) Open Source. Both UR-WORK and NAMED WORK may be designated as Open Source. These works do not have fixed or definitive versions or authors. For any work to be designated as Open Source, the application must specify the governing Open Source license (GNU, BSD, etc.).
• (F) Work For Hire. Ownership of Work for Hire accrues to Inventing Earth or affiliated entity without named authorship.

Comments are sought and welcome. Please email us at admin at inventingearth.org if you have any concerns or suggestions on how to improve the IP Framework.