If the policy and the FAQ disagree, the policy controls. The FAQs are there to help try to clarify points of confusion in the policy, but they aren't policy themselves. They can also be revised from time to time by SSCP, whereas the policy
If the policy and the FAQ disagree, the policy controls. The FAQs are there to help try to clarify points of confusion in the policy, but they aren't policy themselves. They can also be revised from time to time by SSCP, whereas the policy has
to undergo systemwide review. The language you excerpted is trying to give a broad overview, so it skips nuance.
So: it's not a Sponsored Work, due to the definition of that term in the policy.
It's only an
Institutional Work if Significant University Resources (SUR) were used for the creation of the work. If we're not sure whether an article "based on research funded by UCSF" counts as one that used SUR for its creation from the text
of the policy, we can check the FAQ. (We'll assume "based on research funded by UCSF" means through grant funds or something, not the salary, office space, etc., ruled out in the policy's definition of SUR).
FAQ 14 says that "small internal research grants,
such as" - but not limited to, emphasis mine - "grants administered by the Academic Senate or its Committee on Research" will generally not be deemed to constitute SUR.
Does that help?
(And also, your first instinct was a good one. It is extremely unlikely that, absent a written agreement to the contrary, the university would have any interest in administering the copyright in scholarly articles. There's no money in it for them, and
I can't see them wanting to deal with the paperwork.)
If it's still a close enough call to be unclear, you can ask your local delegated authority (Anthony Francis, ITA) for a ruling.
Best,
Katie
Katie Fortney, J.D., M.L.I.S.
Copyright Policy & Education Officer
California Digital Library
UC Office of the President
[telecommuting from Santa Cruz]
Pronouns: she, her, hers