Intellectual Property Ownership
[Faculty Handbook Category #2]
furtherance of the college’s goal of encouraging creative and scholarly works,
Ownership of Creative Works
As “works made for hire” are defined under Section 101 of the Copyright Act of 1976, works created by an employee within the scope of his or her employment are owned by the employer. The college does not intend for this “works made for hire” doctrine to apply to faculty-created works unless extraordinary resources of the college are used in the creation of a work. Therefore, faculty members will own the copyrights in works that result from a faculty member’s pursuit of traditional teaching, research and scholarly activities, including the creation of books, articles and other literary works; computer software; inventions; artistic, musical or dramatic works; or course materials, whether in traditional or electronic form, unless extraordinary resources of the college were used in the creation of the work. With regard to any particular creative work, the college and the faculty member may mutually agree on an alternative ownership arrangement.
Ownership of Inventions
Under patent law, inventions are owned by the inventor and not the employer unless the inventor agrees to assign his or her rights in an invention to the employer. Unless extraordinary resources of the college are used in the creation of a work, the college will not expect the faculty member to assign his or her rights in an invention conceived, developed, or discovered during the faulty member’s employment with the college. With regard to any particular invention, the college and the faculty member may mutually agree on an alternative ownership arrangement.
Definition of Extraordinary Resources
“Extraordinary resources” may consist of released time from regularly assigned duties (but not a sabbatical or similar leave); direct investment by the college through funds or staff; the college’s purchase of special equipment for the project; use of the college’s multimedia production personnel and facilities; or extraordinary use of the college’s computing resources. Use of incidental supplies, use of a college computer in a faculty office, or use of college personnel or shared facilities on an occasional basis will not be considered use of extraordinary resources. The college will determine whether extraordinary resources have been used on an individual basis.
For all works for which the college retains ownership, the faculty member agrees to cooperate with the college and take any further actions necessary to effectuate ownership by the college.
This Intellectual Property Ownership Policy will be administered by the Dean of the College. Disputes concerning application of this policy will be resolved by a review panel of three members consisting of the President, a representative appointed by the creator of the work, and a representative appointed by the Dean of the College.