1. (a) A work that is created with funds from the council shall be considered a specially commissioned work and a "work made for hire" as that term is defined in the United States Copyright Law, 17 United States Code §§101-810. As such, the council shall own the copyright for all materials, published and unpublished, that are created with council funds. The council shall be a co-owner of the copyright of a work that is created with more than one source of funding as provided by the United States Copyright Law.

   1. (1) A contractor may request the council to license the copyright or to transfer the council's copyright ownership interest. A request shall be submitted to the executive director with a justification for the license or transfer.
   2. (2) The executive director shall review the request for a license or transfer of the copyright and make a recommendation to the council. The council's decision to approve or deny the request shall be final.
2. (b) A contractor who produces written or audio-visual materials using council funds shall give credit to the council in a manner specified by the council.
3. (c) The Board has delegated decision making authority concerning implementation of this section to the Executive Director.

Source Note:The provisions of this §703.8 adopted to be effective September 18, 1991, 16 TexReg 4955; amended to be effective December 14, 1993, 18 TexReg 8952; amended to be effective February 28, 2000, 25 TexReg 1704.