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Intellectual Property Rights Policy

The Intellectual Policy Rights Policy applies to individuals employed by or enrolled at Lindsey Wilson College.  This policy seeks to ensure the rights of individuals to the works and ideas they produce and to protect the name and rights of the College.

The College encourages its faculty, staff, and students to contribute to their discipline and professional organizations in their research and scholarship.  The general policy of the College is to grant all intellectual property rights to the creator or creators, who will determine how to disseminate the intellectual property and who will keep all income derived from their intellectual property works.

Intellectual property refers to inventions, patents, processes, research articles, artistic creations, or other products that can be copyrighted or patented under U.S. laws.  This would include:

  • Patents or inventions, pharmaceutical products, medical technology, or equipment;
  • Books, booklets, or electronically-published works;
  • Articles in professional journals or magazines;
  • Articles submitted to open access databases such as ERIC;
  • Artistic works: paintings, sculptures, fabric art, drawings, photographs, digital art;
  • Musical compositions or recordings;
  • Literary works, plays, fiction, poetry, or creative non-fiction;
  • Theatrical works;
  • Performance art; and
  • Software programs or applications.

This policy applies to intellectual property developed on- or off-campus; during a teaching term, sabbatical, vacation, or faculty fellowship; and developed with normal use of office space, library resources, photocopiers, printers, and office computers.

 

Exceptions

Exceptions to the general policy include the following situations:

  1. Assigned tasks:  Lindsey Wilson College owns intellectual property developed in the performance of assigned College duties.  Such intellectual property includes online classes, lectures, presentations, and material developed for use in distance learning.
  2. Outside agreements:  When intellectual property is developed through a sponsored grant or contract with an outside entity or organization, the provisions contained in the grant or contract determine the ownership of the intellectual property.  If the grant or contract does not address ownership, the general College policy applies, and the work becomes the property of the creator or creators.
  3. Significant use of College-administered resources:  When the development of intellectual property is significantly assisted by the use of College facilities, resources, or personnel, the College is entitled to a share of royalty or other income from that intellectual property.  Significant use of College-administered resources does not include resources ordinarily available (e.g. office space, personal office equipment, library) or incidental involvement of students who receive funding from the College.

 

Responsibility

The College officer to whom an employee reports, whether this is a supervisor, Academic Unit Chair/Director, or chief academic officer, is responsbile for insuring this policy is followed.

When either the College or the employee determines that a formal assignment or sharing of intellectual property rights between the employee and the College exists, the terms of any agreements concerning intellectual property rights will be negotiated with the creator or creators by the appropriate College officer, subject to final review and approval by the President.  Shared rights and benefits include but are not limited to:

  • Recognition of the use of the College's facilities, resources, and/or personnel;
  • Liabilities and responsibilities concerning the use of facilities, resources, and/or personnel; and
  • Percentage or portion of royalty income or other compensations to be received by the College and the employee.

 

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