Intellectual Property

SCOPE

This policy addresses the rights of intellectual property produced by members of the College community.

GUIDING PRINCIPLES

  • The College encourages the creation and wide dissemination of creative works, knowledge, new ideas, inventions, and educational materials.
  • The College wishes to provide recognition to individual creators for their works and inventions.
  • Generally, the College will claim an ownership interest in intellectual property in which it has an identity or functional interest or which is produced with substantial College resources beyond those customarily provided.

 DEFINITIONS

“Copyright” shall mean the rights granted by federal law to the owner of a copyright in a work to do and to authorize (others to do) any of the following: to reproduce the copyrighted work; to prepare derivative works based upon the copyrighted work; to distribute copies or phonorecords of the copyrighted work; to perform certain copyrighted works publicly; to display certain copyrighted works publicly; and to perform sound recordings publicly by means of a digital transmission.

“Intellectual property (IP)” shall mean a work or invention that is the result of creativity, to which law allows various ownership rights so that the creators have incentive to develop and disseminate those creations. E.g., copyrights, patents.

“Work,” for copyright purposes, shall mean a work protected under United States copyright law (from U.S. Code, Chapter 17, §102: “copyright protection subsists . . . in 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.”)

COPYRIGHT OWNERSHIP

1. Ownership of Academic Works. Faculty and staff, and students shall own the copyright in the scholarly, pedagogical, and creative works they create, except for those works described just below in this section, or unless otherwise provided in a written agreement between the creator(s) and the College.

2. College Ownership. The College shall own the copyright in the following works created by College faculty and staff, or students, acting individually or jointly with others:

  • works created by faculty or staff acting within the scope of their work duties, except for academic works created and owned by faculty under this policy;
  • works agreed upon between the College and faculty/staff creator(s), the creation of which is based on a specific request by the College and which is supported by substantial College resources beyond those customarily provided to faculty and staff;
  • works specially ordered or commissioned by the College and for which the College has agreed, in writing, to specially compensate or provide other support to the creator(s);
  • works created in connection with the administration of the College; and
  • works created under an outside sponsored project that provides College ownership of the copyright in the works.

3. Ownership under Outside Sponsored Agreements. The ownership of copyright in works created under an agreement with an outside sponsor shall be determined consistent with the terms of the agreement and applicable law.

4. Works Created by Independent Contractors. Copyright ownership in works created by independent contractors shall be determined consistent with applicable law and the contract between the College and the independent contractor.