LaBella Training

Policy Statement

Introduction

LaBella Training believes in creating an intellectual environment whereby creative efforts and innovations by its staff and instructors can be encouraged and the intellectual property rights of those who developed materials used in our programs can be protected.

 

Definition of Intellectual Property

Although the law provides for several different types of Intellectual Property, the area most important to us is the issue of copyrights. The following definitions are taken from pertinent federal statutes:

 

When used in this agreement, the term "Copyright" shall be understood to mean that bundle of rights that protect original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. "Works of authorship" (including computer programs) include, but are not limited to the following: literary works; musical works, including any accompanying words; dramatic works, including any accompanying music; pictorial, graphic, and sculptural works (photographs, prints, diagrams, models, and technical drawings); motion pictures and other audiovisual works; sound recordings; and architectural works. "Tangible media" include, but are not limited to, books, periodicals, manuscripts, phonorecords, films, tapes, and disks.

 

To be consistent with relevant statutes, LaBella Training recognizes that the duration of a copyright (for works created and published after January 1, 1978) is the life of the author plus 70 years and that such copyright protection attaches as soon as a work is "fixed in a tangible medium of expression," i.e., put on paper.

 

Ownership the Intellectual Property

Intellectual property created, made, or originated by a LaBella Training staff member shall be the sole and exclusive property of LaBella Training. Intellectual property created, made or originated by an instructor or consultant on behalf of LaBella Training (e.g., “made for hire”) shall also be the sole and exclusive property of LaBella Training. Intellectual property created, made or originated by an instructor or consultant independently of LaBella Training shall be the sole and exclusive property of that instructor or consultant except where the instructor or consultant may voluntarily choose to transfer such property, in full, or in part (e.g., “joint works) to LaBella Training.

 

Use of the Intellectual Property

Material owned or developed on behalf of LaBella Training (e.g., proprietary work, made for hire and jointly owned) may be used by staff, instructors and/or consultants in the course of administering and facilitating LaBella Training’s training program content without charge. Such materials, however, cannot be posted on the Internet, sold or offered outside of LaBella Training for a fee.

 

Material owned by an instructor or consultant may be used in conjunction with LaBella Training programs after agreement has been reached with LaBella Training management as to extent of use and whether any fees apply for use of the material.

 

Resolution of Copyright Issues and Disputes

In the event of a copyright issue or dispute that cannot be satisfactorily resolved from discussion between LaBella Training management and the author of the work, the parties agree to use a third-party arbitrator based in the Commonwealth of Virginia. If the parties elect to use arbitration, both parties shall attempt to agree on one arbitrator. If they are unable to so agree, then each party shall appoint one arbitrator and those appointed shall appoint a third arbitrator. The expenses of arbitration (including legal fees) shall be divided equally by the parties. The arbitrators shall conclusively decide all issues of law and fact related to the arbitrated dispute. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction.