Intellectual
Property Ownership
[Faculty
Handbook Category #2]
In
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.
Further Actions
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.
Administration
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.