Terms of Use
ACA International's Intellectual Property Policy
INTELLECTUAL PROPERTY POLICY
The Association's copyrighted material is a valuable asset which the Association has the exclusive right to use. Such material is created for the benefit of members and its control is the responsibility of the Association. Intellectual Property as referred to in this document includes that owned by ACA International and all of its for-profit subsidiaries.
I. AUTHORITY
A. The Copyright Act of 1976, 17 U.S.C. §§ 101-803, grants copyright owners exclusive rights including the right to “reproduce the copyrighted work in copies” and “to prepare derivative works based upon the copyrighted work.”
B. Use of Association produced materials: The books, pamphlets, brochures, audio tapes and newsletters and other such material created by the Association or the Association's for-profit subsidiaries are created for members and non-members who purchase or subscribe to the materials as educational, public relations and sales tools.
C. Association-produced materials are the Intellectual Property of the Association, are copyrighted material and may not be reproduced in whole or in part without written consent of the Association and an agreement by the user to adhere to the copyright material use policy of the Association.
II. INTELLECTUAL PROPERTY AND INFORMATION
A. Intellectual Property of the Association is that information, whether in tangible or intangible form, stored, recorded or kept in any manner whatsoever which has been created, commissioned or acquired by the Association. Any such information which is Intellectual Property is the exclusive property of the Association which shall maintain control and ownership of it.
B. Information of the Association includes any record, file or document created by the Association, any staff member, officer, director or agent. Such information includes, but is not limited to, internal policies, memoranda, notes, meeting minutes and notes, letters, items which are hard copy originals, photocopies thereof, items stored magnetically or electronically, including audio and video tapes, e-mails, handwritten notes and any other record.
III. PROTECTION OF INTELLECTUAL PROPERTY
A. The integrity and defense of the Intellectual Property of this Association is maintained by the Association General Counsel or their designee. The Office of Association General Counsel shall take whatever action is appropriate and lawful to maintain the ownership of Intellectual Property, including all copyrighted material.
B. All Intellectual Property of this Association shall bear the appropriate copyright mark or symbol to indicate that such material is the copyrighted work of this Association. The copyright mark or symbol shall be in a form approved by the Office of Association General Counsel. Association material which shall display the appropriate copyright mark or symbol, includes, but is not limited to publications, Web site, and all material conveyed by any medium in any form which is disseminated or intended to be disseminated externally, including to members.
C. The Office of Association General Counsel shall advise the Association on matters of Intellectual Property and make recommendations for its integrity and defense.
D. The Office of Association General Counsel shall take appropriate action on a day-to-day basis to maintain ownership and control of Intellectual Property. Such action may include informing potential or actual copyright infringers of the Association's ownership of Intellectual Property and requesting or demanding that they cease and desist such unauthorized use.
E. When appropriate, the Association General Counsel may make the recommendation to commence legal action against an infringer.
IV. PERMISSION TO USE INTELLECTUAL PROPERTY
A. The Office of Association General Counsel shall provide a method to grant permission for external individuals, entities and organizations to use, re-print or re-publish Intellectual Property of this Association. The Association General Counsel or their designee may provide written permission if the user agrees to attach the appropriate copyright mark or symbol to indicate that ownership of such IntellectualProperty remains with this Association but that this Association has granted express permission for a limited use.
B. In determining whether to grant permission, the Office of Association General Counsel shall consider whether such permission will be beneficial to this Association, its members or the public and whether the form of such permission will assure the ownership and integrity of the Intellectual Property.
C. Grants of permission to use Intellectual Property shall be maintained in writing or on an electronic record for a period of three years from the date of copyright of the material for which permission was granted.
D. Unless permission is expressly granted by the Association's General Counsel or designee, no use of the Association's Intellectual Property by any third-party is permitted.
V. INFORMATION OF THE ASSOCIATION
Licensing and Sale The granting of permission to use Intellectual Property shall include, where appropriate, an agreement to license such material or to sell such material. Material which is created for sale by this Association shall be sold in the regular course of business of this Association. Unless otherwise specified in the terms of sale, material sold for use by this Association may be used by its buyer only in the manner for which it was created and sold. Unless specifically expressed in the terms of sale of such material, all Intellectual Property rights, including copyright of such material, shall be retained by this Association.
VI. PERMISSION TO USE ITS INTELLECTUAL PROPERTY, COPYRIGHTED WORKS AND OTHER MATERIALS
This Association has established this policy to provide a consistent system to determine whether to grant permission to use its copyrighted material and the terms of such permission.
A. All Materials
Protected All materials that the Association creates, compiles, or publishes in any manner by any media are deemed to be protected by the U.S. Copyright Law, 17 U.S.C. §§ 101 etc. seq. and any other applicable federal and state laws and international treaties.
B. The Association Highly Values Its Copyrights
This Association places the highest value on its copyrighted material. Such works are the exclusive property of the Association and may not be republished, re-distributed, copied, stored and disseminated in any manner, by any medium, without the written permission of an authorized representative of the Association.
C. Authorization to Give Permission
No Association employee, agent or contractor is authorized to provide such permission to use copyrighted works, except the following persons:
- General Counsel, or their designate;
- Chief Executive Officer,
- The Executive Committee by majority vote.
D. Procedure
- If a request is received seeking permission to use or re-publish any Association materials, such request must be routed to the Association General Counsel or their designee.
- The General Counsel will examine the request, determine its scope and duration and base the decision regarding the request on the benefit to the Association, the benefit to the membership and the public, and the importance of protecting the copyrighted material of the Association, along with other factors.
- The party requesting permission to use Association materials will be provided with a written notice informing them that permission has been granted or that permission has been refused. No party may assume that permission has been granted or will be granted until it receives such notice.
E. Notice Provisions
- If permission is granted, the notice will specify the conditions upon which permission is granted. Any authorization for use may require that the requesting party indicate in any such republication or use that the Association has given the party permission to use the work and that the Association owns the copyright to the work.
- If permission is granted, the party so requesting must sign and return the permission notice, signifying their agreement to adhere to its terms. Permission shall not be authorized until such notice is received by the Association's Office of General Counsel. Such agreements shall be kept on file in the Office of General Counsel or its designate.
F. Work Remains the Property of this Association
When permission to use a work is granted by the Association, that work remains the copyrighted property of the Association which will retain sole and exclusive rights to the work.
G. Procedure for Alleged or Suspected Infringement
In the event that ACA has knowledge or learns that anyone may be making use of its copyrighted materials or logo without permission, that information shall be provided to the Office of Association General Counsel. The General Counsel shall investigate and take the necessary action.
Thank you for your support and membership in ACA and its member programs and service.
