Introduction
This Intellectual Property policy (the “Policy”) outlines the basis for the ownership, use, and control of the Intellectual Property contained in any Materials and Associated Activities (all as defined below) provided by The Royal Life Saving Society Canada, Ontario Branch (the “Society”). The protection of the Society’s Intellectual Property is essential to the Society’s mission of preventing drowning and reducing water-related injury through the provision of quality programs, products, education and services. Accordingly, the goal of this Policy is to safeguard against unauthorized, impermissible and improper uses of the Society’s Intellectual Property such that the Society can continue to fulfill its humanitarian mission, vision, and values.
For the purposes of this policy:
“Affiliate Members” means the individuals, municipalities, athletic and fitness facilities, camps, boards of education, individual schools, colleges, universities, and private organizations that offer the Society’s programs, services, or training and that have voting rights at the Society’s annual general meeting.
“Associated Activities” means the programs, services, and training offered by the Society, either directly or through its Affiliate Members. Associated Activities include without limitation training programs, the Water Smart® public education program, drowning research, aquatic safety management, lifesaving sport and any other services, training, and programs offered by the Society for which the Society provides training and/or Materials.
“Course Materials” means the books, DVDs, videos, and other instructional materials, created in any media or format whether now known or unknown, to support the Society’s Associated Activities.
“Materials” means the materials that relate to the Associated Activities, including Course Materials, and to any other equipment, supplies, and goods that the Society sells, licenses, distributes or otherwise provides to third parties for their use.
“Members” means those individuals defined by the Society’s Bylaw 1, Article 7-Membership and includes Honorary Members, Active Members, Award Members, Associate Members, and Affiliate Members.
“Moral Rights” means the inherent rights of an author of a work in that work, in particular the right to have the author’s name on a work, to use a pseudonym, or to remain anonymous, the right to object to any changes to the work and to claim and protect the integrity of a work, and the right to prevent anyone else from using the work in association with a product, service, cause or institution which may be prejudicial to the honour or reputation of the author, all as under the Copyright Act (Canada).
“Relevant Third Parties” may include, but are not limited to, different branches of the Royal Life Saving Society to which the Society has granted a license to the Society’s Intellectual Property.
Scope
This Policy applies to all staff, contractors, volunteers, Members, and Relevant Third Parties involved directly or indirectly in Associated Activities (“you” or any derivative of “you”). You must review and agree to abide by this Policy prior to obtaining and using the Materials as permitted by the Society.
You are encouraged to discuss matters of Intellectual Property ownership, use, and control with the Society with respect to any works which you may create. Before using or working with any Materials or any Associated Activities, you will first obtain the written agreement or a letter of understanding from the Society clarifying and managing expectations regarding ownership, use, and control of any Intellectual Property that may be created.
OWNERSHIP OF INTELLECTUAL PROPERTY
The Society owns and retains any and all rights, title and interest in, to and associated with any and all Intellectual Property pertaining to the Materials and the Associated Activities. The Society also owns and retains any and all rights, title and interest in, to and associated with any and all Intellectual Property with respect to any works made, conceived, or developed by you based on or related to the Materials or the Associated Activities. You acknowledge and agree that the Society shall, upon the creation, conception or development of any works, automatically own and retain any and all Intellectual Property in such new works or, if ownership cannot or does not automatically vest in the Society, then
you will grant, convey, and assign to the Society any and all of your rights, title and interest of any kind in, to and associated with all such Intellectual Property throughout the world.
The Society is not required to:
- attribute to you any authorship of any works in which any Intellectual Property may subsist, irrespective of whether such works are distributed publicly or otherwise; and
- make any distribution, pay any royalties, nor avoid making modifications of such Intellectual Property.
To the extent permitted by law, you waive and release all rights to the foregoing.
Moral rights
You hereby waive or, upon the written request from the Society shall waive, all Moral Rights in, to or associated with any works that you have modified, created, developed or otherwise contributed to in any way related to the Materials or Associated Activities. This waiver applies to any and all works that you may have authored, developed, contributed to or developed in whole or in part, with respect to or in any way related to the Materials or the Associated Activities.
Protection of intellectual property
You must not directly or indirectly
a. disclose, use, provide, publish, transfer, or otherwise make available any Materials or Associated Activities, except as reasonably permitted in connection with the license of any Materials and the provision of Associated Activities by the Society and its Affiliate Members, always as specifically permitted by the Society; and
b. sell, market, or attempt to personally profit or benefit in any way from any Materials of Associated Activities by
1. modifying the Course Materials, Materials or Associated Activities; or
2. presenting the Course Materials, Materials or Associated Activities as their own work or implying, indicating or stating that they own the Intellectual Property rights in, to or associated with such Course Materials, Materials, or Associated Activities.
The Society retains the ultimate control of the use of its name, marks, and any and all Intellectual Property rights in, to or associated with any Materials, the Associated Activities or anything else related to the Society’s operations and mission. You acknowledge and agree that any use of the Society’s name, marks, and Intellectual Property generally in connection with any products, programs, services, and training requires the explicit prior written permission from the Society and that you shall have no right to use the Society’s name, marks and Intellectual Property except with the express prior written consent of the Society.
You further acknowledge and agree that you must safeguard and protect the confidentiality, and the Intellectual Property rights associated with all Materials and Associated Activities.
cOOPERATION WITH THE SOCIETY
To protect and preserve the Intellectual Property pertaining to the Materials and the Associated Activities, you must:
a. comply with all instructions and directions of the Society;
b. provide all assistance and cooperation requested by the Society;
c. provide and make available all records, files, and information to the Society in a timely manner and in the format as required by the Society (acting reasonably);
d. execute and deliver all assignments, affidavits, certifications, waivers and other documents and instruments requested or required by the Society related to the protection and security of the Intellectual Property rights in, to and associated with the Materials and Associated Activities; and
e. take any and all other actions, or refrain from taking any and all other actions, that the Society may at any time request.
return of materials
Upon request by the Society or upon the conclusion of your engagement with the Society, you must return to the Society all Materials and other documentation containing any content or other Intellectual Property rights of the Society which are within your control, without retaining any copies or extracts of such Materials or related Intellectual Property rights in any form.
Ammendments to the policy
This Policy is effective as of January 30, 2025. The Society reserves the right to review and revise this Policy without notice.
To inquire as to any aspect of this Policy, individuals can contact the Society as follows:
Lifesaving Society Ontario
400 Consumers Road, Toronto, ON M2J 1P8
Tel: 416-490-8844
Fax: 416-490-8766