ARTICLE 36 - Patents and Copyright

36:01    The provisions contained in this Article 36 shall be applicable to both Article 34 and Article 35.

36:02    The University shall not enter into any agreement to subcontract the services of any member of the bargaining unit to any third party whatsoever for the purposes of the writing, editing, or production of recorded works or any consultation pertaining thereto without securing to the members of the bargaining unit all the rights, privileges and benefits accorded to them in Articles 34 and 35.  If the University violates this clause 36:02, this Agreement to subcontract shall not apply to members of the bargaining unit unless there is an agreement in writing between the University and the Association to waive this clause 36:02.

36:03    A member may waive any fee or royalty to which the member may be entitled under Articles 34 and 35.  Any such waiver shall be in writing and shall be limited to the occasion and the user specified in the said writing.  A copy of the waiver shall be provided to the Association.

36:04    Any time prescribed by Article 34 or 35 may be enlarged or abridged by written consent of the member concerned and the written consent of the University.

36:05    When any document or other material is required by Article 34 or 35 to be delivered it shall be deemed to be delivered as required when sent by registered mail addressed to the appropriate recipient or when delivered to the appropriate recipient personally.  Where sent by registered mail, the date of delivery shall be the date of registration.

36:06    Unless otherwise mutually agreed to by the member and the University, when a member or former member dies, the member’s estate, heirs and beneficiaries shall retain all their rights and responsibilities under Articles 35 and 36.