1. The following terms have these meanings in this Policy:
a) “Persons”- All categories of membership defined in the Softball Canada Bylaws, as well as to all individuals engaged in activities with, contracted with or employed by Softball Canada, including, but not limited to, athletes, coaches, officials, volunteers, directors, committee members, officers, team managers, team captains, medical and paramedical personnel, administrators, independent contractors and employees (including contract personnel).
b) “Intellectual Property”- means and includes:
i. Trademarks – trademarks, logos, trade names, business names; and
ii. Patents – patents, registered designs, rights in inventions; and
iii. Copyright – copyright, written or photographic materials, slides, prints, negatives, literary works, dramatic or non-dramatic works, sound recordings, cinematography, films, videos, artistic works, videos, artwork, displays, posters, calendars, ideas, rights in any format or presentation (including its look, feel, visual or other non-literal elements), business or domain names, e-mail address, typographical arrangements, websites, computer software, computer program, works of authorship, formulas, policies and procedures, instruction manual, strategic planning documents, marketing proposals, brochures, press books and media guides, contracts; and
iv. Know-how, trade secrets, rights in databases and all other intellectual property rights (registered or unregistered) of a similar corresponding character which subsist now or in the future in any part of the world.
2. Persons engaged with Softball Canada will be developing or creating Intellectual Property related to the business of Softball Canada. As such, Softball Canada has identified a need for clear rules governing its Intellectual Property.
PURPOSE AND APPLICATION
3. The purpose of this Policy is to define Softball Canada's policy on Intellectual Property and logo(s), in conjunction with Softball Canada’s Intellectual Property Policy.
4. This Policy applies to all Persons as Defined in the Definitions Section.
OWNERSHIP OF INTELLECTUAL PROPERTY
5. Softball Canada will own the intellectual property rights in all Intellectual Property and anything an employee creates in the course of employment with Softball Canada, unless otherwise agreed in writing.
6. Ownership of Intellectual Property created by Persons in the course of their providing services (paid or unpaid) to Softball Canada in a capacity other than as employees, should be determined by prior agreement, but in the absence of such a prior agreement, Softball Canada will own the Intellectual Property.
7. Any amendments to the principles in paragraphs 5 and 6 will require the written consent of the Chief Executive Officer.
8. Softball Canada will have perpetual, royalty-free, exclusive license to use, reproduce or distribute all Intellectual Property, or any part thereof, for any purpose it wishes for commercial ventures or any other manner.
9. All Intellectual Property will remain the property of Softball Canada and upon the request of Softball Canada, the Person(s) will return all Intellectual Property received or in the possession of the Person(s) in written or tangible form, including copies, or reproductions or other media containing such Intellectual Property, immediately of such request.
10. All Persons agree to notify Softball Canada upon any actual, threatened or suspected infringement of Softball Canada’s Intellectual Property of which it becomes aware.
11. All Person(s) will sign the Waiver attached as Schedule 1 or Schedule 2, or any required documentation to enforce the requirements of this Policy.
12. Softball Canada will not be restricted from publishing any Intellectual Property it so desires whether in print, in electronic media or any known or unknown format.
13. All Intellectual Property, when appropriate, will conspicuously include on each document © Softball Canada (Date).
14. Softball Canada may include the following on its Intellectual Property: “The printed material contained herein is the sole property of Softball Canada and may not be reproduced for any purposes without the express written consent of Softball Canada.”
15. In the circumstances wherein Softball Canada may have cause to use printed material, which is not clearly the Intellectual Property of Softball Canada, it shall be necessary to secure the written permission of the owner.
16. Intellectual Property used for “news” purposes (the term “news” is meant to convey a reasonable usage of such Intellectual Property) include, but are not limited to:
a) Daily newspaper sports or feature coverage.
b) Magazine articles and editorials.
c) Television or radio news broadcasts and features.
e) Softball Canada Website.
f) Email or other electronic display.
g) Social Media (Facebook, Twitter, etc.)
17. Photographs distributed for “news” purposes may require a photo credit and must be affixed with the following notice (stamp or sticker): “This photograph may not be altered in any way (i.e. air brushing of sponsor names).”
18. Photographs distributed for any purpose will include the following notice: “This photographic material is the sole property of Softball Canada. Any alterations or reproduction for commercial or advertising purposes is prohibited without the express written consent of Softball Canada.”
19. The Manager - Marketing and Communications Services will be responsible for the following activities insofar as photographic Intellectual Property to be used for commercial advertising purposes:
a) Be the sole point of contact for the distribution of photographic materials for news or editorial purposes. All other staff shall forward such requests to the Manager – Marketing and Communications.
b) Be responsible to ensure the "ownership" of photographic materials to be used for news purposes is clear before authorizing usage by any outside agency.
c) Be responsible to ensure the photographic materials are properly identified in accordance with this Policy.
d) Be responsible to ensure that any Softball Canada Intellectual Property (for news purposes) contracted out (at our expense) includes written assignment of copyright to Softball Canada in accordance with this policy.
20. The Manager - Marketing and Communication Services will be responsible to ensure that the copyrights on materials produced outside Softball Canada are properly protected. This may require written releases duly signed by the appropriate parties.
21. Individual Staff will be responsible for the compliance of this Policy on all Intellectual Property within their jurisdiction. The Manager - Marketing and Communication Services will be kept informed of all matters pertaining to the application of this Policy. Where appropriate, the Chief Executive Officer should be consulted in special cases.
SOFTBALL CANADA LOGO(S)
22. All Person(s) will adhere to the following:
SOFTBALL CANADA® the Name
a) The Softball Canada® name will always be used with the registered symbol ® in superscript.
SOFTBALL CANADA® the Logo
b) Only use approved Softball Canada logos provided by Softball Canada.
c) Only use black, red and white as color schemes for Softball Canada logos.
d) Softball Canada logos will be of a high quality and will not be applied in such a way, or to products, that will reduce the quality of the logo or the image of Softball Canada.
23. All Persons will NOT:
a) Alter the look, feel or image of the Softball Canada logos or name.
b) Add decorative or other elements to the Softball Canada logos or name.
c) Distort the Softball Canada logos or name.
d) Use outdated versions of the Softball Canada logos or name.
e) Place the Softball Canada logos or name in questionable locations (e.g. backside of pants).
24. Softball Canada may revoke a Person(s) use of any Softball Canada Intellectual Property at any time, upon their sole discretion.
25. All Persons will not, at any time, disclose, publish, communicate or divulge to any third party, unauthorized party, firm, corporation or partiers any Intellectual Property of Softball Canada without the express written consent of Softball Canada.
26. This Policy is issued with the authority of Softball Canada’s Board of Directors. Compliance with this Policy is mandatory. Any breach of, or failure to comply with, this policy may lead to disciplinary action.
27. In the event of any breach or threatened breach by any Persons, Softball Canada may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Softball Canada against any such breach or threatened breach.