DRAFT DOCUMENT: FOR DISCUSSION AND REVISION ONLY: (November 20, 2007 version

 

CONCORD UNIVERSITY BOARD OF GOVERNORS

POLICY NO. __________________________

INTELLECTUAL PROPERTY

 

SECTION             1.0           GENERAL

1.1                 For the purposes of this policy, intellectual property is defined as

creations of the mind. Nominally divided into two branches,

industrial property and copyright property, intellectual property

may include, but is not limited to, certain names, written and

recorded media, inventions, literary and artistic works, symbols,

images and/or designs which may be used in commerce.

Copyright refers to the legal means by which a user may make

use of a creator’s work with his/her permission. Industrial

property is normally protected from unauthorized use by patent.

 

1.2          Authority:

1.3     

1.4            Effective Date: _______________

 

1.5            Approved by: _______________

SECTION             2.0          PURPOSE

                                    2.1           For any definitive and/or legal definitions of copyrighted materials

and/or industrial properties, whether patented or not and the

authorized uses of these materials, the reader is directed to

competent legal counsel. This intellectual property policy of

Concord University is intended to provide basic guidance to the

employees, authorized       agents, and administrators of the

University to protect the activities of employees or authorized

representatives of the University in matters of publication, to

fairly and reasonably balance the rights of authors, sponsors

and the University, and to ensure that materials in which the

University has an equity interest are utilized in a manner in

keeping the University’s interests.

 

SECTION             3.0           OWNERSHIP AND DISPOSITION OF COPYRIGHTABLE MATERIAL

3.1           Copyright ownership of all material (including software but excluding

theses) which is developed in the course of or pursuance to a

sponsored research or other agreement shall be determined in

accordance with the terms of sponsored research or other

agreement, or in the absence of such terms, the copyright shall

become the property of the University. Research contracts

sponsored by a government agency provide the government with

specific rights in copyrightable material developed in the

                                                     performance of the research. These rights may consist of title to

such data vesting solely in the government or the reservation of

a royalty-free license to the government, with title vesting in the

University. In some cases, the government may prohibit any

private copyright ownership. Grants and other types of sponsored

research agreements, whether by the government or by private

industry, may, on the other hand, provide no specific provision

concerning rights in such material(s). The purpose of this is to

ensure that the University will be free to dispose of all such data in

a manner consistent with its obligations to the sponsor(s) and to

the public.

 

                                    3.2           Copyright ownership of all material (including software but excluding

theses) which is developed with the significant use of funds, space

or facilities administered by the University, including but not limited

to classes and laboratory facilities, but without any University

obligation to others in connection with such support, shall reside in

the University. The University shall exercise its rights in such

material in a manner that will best further its basic aims as an

educational institution, giving full consideration to making the

material available to the public on a reasonable and effective basis,

avoiding unnecessary exclusions and restrictions, and providing

adequate recognition of the authors.

 

3.3           The University recognizes and affirms the traditional academic

freedom of its faculty and staff to publish freely without restriction.

In keeping with this philosophy, the University will neither

construe the provision of office or library facilities as constituting

significant use of college space or facilities, nor will it construe the

payment of salary from institutional accounts as constituting

significant use of University funds, except for those situations

where the funds were paid specifically to support the development

of such material.

 

3.4           Publications not prepared within the scope of a University

employee’s duties are excluded from the ownership provisions

of this policy. Textbooks developed through the use of classes

are excluded from the provisions of this policy, unless such

textbooks are developed using University administered funds

paid specifically to support such textbook development.

 

3.5           All persons who have developed copyrightable material through

the significant use of University space, funds, or facilities shall be

required to transfer copyright ownership of such material to the

University as a condition of such use.

 

3.5.1       Should the University assume copyright ownership of

material(s) under the terms of item 3.5 of this policy, it

may choose to share any royalty or other income due to

the copyright owner with the creator of the material(s).

Such sharing arrangement must be made in writing

agreed to by both parties as a condition of production of

the material(s).

 

3.6           Copyrightable material not within the provisions of this

policy shall be the sole property of the author, except

for theses. The following provisions shall govern theses

created by students:

 

                                                      3.6.1       Copyright ownership of theses generated by

research which is performed in whole or in part

                                                                       by a student with financial support in the form

of wages, salaries, stipend or grant from funds

administered by the University shall be

                                                                       determined in accordance with the terms of

the support agreement, or in the absence of such

terms, shall become the property of the University.

 

                                                      3.6.2       Copyright ownership of theses generated by

research performed in whole or in part utilizing

equipment or facilities provided by the University

under conditions that impose copyright

restriction shall be determined in accordance with

such restrictions.

 

                                                      3.6.3       Copyright in theses not within the provisions of

items 3.6, 3.6.1, and 3.6.2 of this policy shall be the

property of the author. However, a student must,

as a condition of a degree award, grant royalty-free

permission to the University to reproduce and

publicly distribute copies of the thesis.

 

SECTION             4.0           OWNERSHIP AND DISPOSITION OF INDUSTRIAL MATERIALS AND/OR PATENTS

                                    4.1           Ownership of industrial materials and/or patents which are developed

in the course or pursuance to a sponsored research or other

agreement shall be determined in accordance with the terms of

sponsored research or other agreement, or in the absence of such

terms, the ownership shall become the property of the University.

Research contracts sponsored by a government agency provide the

government with specific rights in any industrial materials or patents

developed in the performance of the research. These rights may

consist of title to such data vesting solely in the government of the

reservation of a royalty-free license to the government, with title vesting

in the University. In some cases, the government may prohibit any

private ownership of industrial materials or patents. Grants and other

types of sponsored research projects, whether by the government or

by private industry, may, on the other hand, provide no specific provision

concerning rights in industrial materials or patents. The purpose of this

is to ensure that the University will be free to dispose of all such

                                                     developed materials in a manner consistent with its obligations to the

sponsor(s) and to the public.            

 

                                    4.2           Ownership of industrial materials or patents which are developed with

the significant use of funds, space or facilities administered by the

                                                     University, including but not limited to classes and laboratory facilities,

but without any University obligation to others in connection with

such support shall reside in the University. The University shall

exercise its rights in such materials in a manner that will best further

its basic aims as an educational institution, giving full consideration to

making the material available to the public on a reasonable and

effective basis, avoiding unnecessary exclusions and restrictions,

and providing adequate recognition of the developers of such

                                                     materials.

 

                                    4.3           The University recognizes and affirms the traditional academic

freedom of its faculty and staff to research and publish freely without

restriction. In keeping with this philosophy, the University will neither

construe the provision of office or library facilities as constituting

                                                     significant use of college space and facilities, nor will it construe the

payment of salary from institutional accounts as constituting

significant use of University funds, except for those situations where

the funds were paid specifically to support the development of

industrial or patentable materials.

                 

                                    4.4           Industrial materials or patents not prepared within the scope of a

University employee’s duties are excluded from the ownership

provisions of this policy. Materials considered to be collateral to

industrial materials or patent are excluded from the provisions of

this policy unless such materials are developed using University

                                                     administered funds paid specifically to support the development

of such collateral materials.

 

                                    4.5           All persons who have developed industrial materials or patents

through the significant use of University space, funds, or facilities

shall be required to transfer ownership of such materials to the

University as a condition of such use.

 

                                                      4.5.1       Should the University assume ownership of industrial

materials or patents under the terms of item 4.5 of this

                                                                       policy, it may choose to share any royalty or other

income due to the owner with the creator of such

material(s). Such sharing arrangement must be made

in writing agreed to by both parties as a condition of the

development of such material(s).

 

                                    4.6           Industrial materials or patents not within the provisions of this

policy shall be the sole property of the developer. The following

provisions shall govern industrial materials or patents developed

by students of Concord University:

 

                                                      4.6.1       Ownership of industrial materials or patents generated

from research which is performed in whole or in part by

a student with financial support in the form of wages,

salaries, stipend or grant from funds administered by the

University shall be determined in accordance with the

terms of the support agreement, or in the absence of

such terms, shall become the property of the University.

 

                                                      4.6.2       Ownership of industrial materials or patents not within

the provisions of items 4.6 and 4.6.1 of this policy shall be

the property of the developer. However, a student

must, as a condition of a degree award, grant royalty-

free permission to the University to make use of,

reproduce, or publicly distribute any industrial materials

or patents so developed.