Intellectual Property
Introduction
The faculty, staff, and Board of Directors at Maryville College encourage scholarship, creativity, and innovation that may result in the creation of intellectual property. The purpose of this Intellectual Property Policy is to establish mutual understanding of ownership, rights, and responsibilities related to the development, production, dissemination, and sale of intellectual property created by full-time and part-time Maryville College faculty, staff, and students.
Definition of Intellectual Property
For the purpose of this policy, the term “intellectual property” includes, but is not limited to, works of authorship inclusive of all mediums of expression (related to copyrights) and inventions and discoveries (related to patents).
Ownership of Intellectual Property
In most circumstances, the faculty member, student or staff member who creates the intellectual property has sole and exclusive ownership rights related to its sale, transfer, or use. In the development of intellectual property, the author/creator is responsible for obtaining permission or authorization for any use of copyrighted material or trademark (including that of the College) that may be included within the work itself.
Following AAUP guidelines, there are certain situations in which Maryville College may claim ownership of intellectual property created by faculty, students, or staff. These situations include:
- Works that are “made for hire,” created as a specific requirement of employment, as an assigned job duty, or in completion of a course assignment. (Note that a work is not necessarily classified as “made for hire” on the basis of use of College resources, facilities, or materials that are traditionally and commonly available to faculty and other members of the College community).
- Negotiated contracts in which the author/creator has transferred or specified, in writing, a portion of ownership to the College, and
- “Joint works” as described in the Copyright Act, where the institution can be considered a co-author.” The College is entitled to joint ownership in situations where it has contributed specialized services and facilities to the production of the work that goes beyond what is traditionally provided to faculty members generally. College resources include but are not limited to: College funds, supplies, computer resources, learning resources, equipment, software, the College name, personal position or status within the College, course enrollment, and/or College personnel. Such arrangements for joint ownership should be agreed to in writing, in advance of the creation of the intellectual property, and are in full conformance with other provisions of this agreement.
To avoid conflicts related to ownership of intellectual property, faculty, staff and students should be aware that intellectual property issues may arise as a result of their work and should meet with the appropriate Vice President to establish a mutually agreeable understanding of ownership issues prior to its creation. This understanding is to be set forth in writing and signed by all parties who may have reason to believe that they would have some rights of ownership. This agreement should clearly set out the specific ownership or co-ownership arrangements between the creator and the College and is to be signed by the appropriate Vice President.
In situations where an external party provides support or sponsorship in the form of a grant, contract, or other agreement, ownership of the intellectual property should be clearly negotiated prior to initiating the work. In such cases, the College may be allocated some rights of ownership. Responsibility for exploring procedural rules and ownership guidelines of granting agencies or individuals lies with the person or persons who will be creating the intellectual property. In situations where the individual or granting agency does not address the ownership issue, the guidelines and rules set forth in this document will prevail.
Copyrights, patents, and other documents and contracts related to ownership of intellectual property are filed in the Maryville College Business Office. Written agreements of individual arrangements made between faculty, students and or staff members who create intellectual property and the Vice President under whose direction the activity or intellectual property is associated are to be completed and filed in the office of the appropriate Vice President and in the Business Office. The College will be primarily responsible for oversight and protection of intellectual property that is jointly owned by the College and its faculty, staff or students.
Use of Intellectual Property
Much of the creative work at Maryville College that has the potential for being designated as intellectual property relates to material utilized by the College for educational and administrative purposes. As members of the College community, faculty, student, and staff creators agree that the College is allowed to use the works without charge in its ongoing operations. Such arrangements enable the College to operate efficiently without undue infringement on the creators’ right of ownership. It is understood that this use will be limited to non-revenue purposes. Departures from this use agreement are to be incorporated into any agreement that transfers copyright/ownership to a publisher or other entity.
Materials such as course syllabi, assignments, and examinations etc. that are created for ordinary use in Maryville College classrooms remain the intellectual property of the faculty creator. However, ongoing permission for the College to use these materials for internal use is assumed unless prior limitations for their use by the College are made in writing. Students, likewise, remain the owner of intellectual property they create as a part of their educational productivity (term papers, projects, senior study, etc.). It is also assumed that the College has ongoing permission to use these materials as examples of its students’ work and for curricular or program assessment unless prior limitations for their use are made in writing.
Distribution of Revenue
The sole owner of intellectual property, whether faculty member, student, staff member, or the College, is entitled to any proceeds of the sale of the property and is entitled to distribute or expend funds associated with those proceeds at will. In situations where there are multiple creators or owners, proceeds are to be distributed in accordance with the allocations as negotiated by the parties at the inception of the project. Should conflict arise from situations where allocations are unclear, or were never negotiated, the allocation will be decided upon according to the dispute resolution process outlined below.
Future Negotiations and Dispute Resolution
Due to the changing nature of intellectual property rights, contracts, and policies within higher education, the College recognizes the need to create processes for review and renegotiation of the intellectual property policy as well as the need to designate a process whereby disputes related to intellectual property can be resolved.
Because faculty members are most closely associated with activities that can result in creation of intellectual property, responsibility for intellectual property policy review and revision rests with the Academic Dean (or designee) in consultation with the Faculty Personnel Standards Committee.
Disputes related to ownership of intellectual property are referred to the Faculty Hearing and Appeals Committee who, upon receipt of an appeal, will create an Ad Hoc Committee to hear the dispute and to render a decision. The composition of the Ad Hoc Committee will consist of three members of the Faculty Hearing and Appeals Committee chosen by vote of that committee and two staff members or administrators appointed by the President of the College. None of the three faculty members of the Ad Hoc Committee should be a member of the same academic division as any faculty member included in the dispute. In situations where there are claims of ownership that affect multiple academic divisions such that there are not three faculty from unrelated divisions elected to the Faculty Hearing and Appeals Committee, the Dean of the College will appoint the needed number of faculty members to serve on the Ad Hoc Committee. The Ad Hoc Committee will elect its own convener and recorder and will follow the hearing procedures for the Faculty Hearing and Appeals Committee as published in the Faculty Handbook. The committee will gather information, hear arguments, review materials, and may consult legal counsel. Ultimately it will make a decision regarding the rights, ownership, management, and other aspects associated with the intellectual property in dispute. Full consideration will be given by the Ad Hoc Committee to negotiating an acceptable compromise among the parties throughout the dispute procedure.
In cases where the parties disagree with the Ad Hoc Committee decision, they may pursue external legal remedy.
Any portion of the Intellectual Property Policy that is prohibited or deemed unlawful will be invalidated without effect on the remaining provisions set forth in the policy.
Approved 2009