Intellectual Property

Definitions

Certain terms are used in this policy with specific meanings, as defined in this section. These definitions do not necessarily conform to customary usage.

• Intellectual property includes any patentable invention, any copyrightable subject matter or trade secret. It also includes works of art and inventions or creations that might normally be developed on a proprietary basis.
• Creator means any person who creates an item of intellectual property.
• Substantial use of university facilities means the use of facilities, equipment, personnel and other resources, to a greater extent than that which occurs in the regular course of one’s undertaking to perform the task for which one has been employed, or which is greater than the use afforded to students in the course of their duties. The use of these facilities must be important to the creation of the intellectual property; merely incidental use of a facility does not constitute substantial use, nor does the use of a facility commonly available to all faculty or professional staff and students (such as libraries and offices). (This provision is not intended to override any other department or university policy concerning reimbursement for or facilities usage.)

Policy Provisions

This section states the policies concerning ownership of intellectual property created at the university.

• Externally Sponsored Work. Intellectual property created as a result of work conducted under an agreement between an external sponsor and the university that specifies the ownership of such intellectual property shall be owned as specified in said agreement.
• Internally Sponsored Work. When the university provides funds or facilities for a particular project to the extent of substantial use, it may also choose to declare itself the owner of intellectual property resulting from said work. In such cases, the university must specify in advance the disposition of any intellectual property rights arising from the project. Such notice is to be in writing, and the university may require written acknowledgement of such provisions by any person working on internally sponsored projects. If the university fails to notify a creator, effectively and in advance, of limitations imposed on his intellectual property rights by internal university sponsorship, the creator is entitled to receive from the university 50% (fifty percent) of the net proceeds to the university resulting from intellectual property.
• Individual agreements. Intellectual property which is the subject of a specific agreement between the university and the creator(s) thereof shall be owned as provided in said agreement. Such agreements by the university and the faculty are especially encouraged.
• Intellectual Property Created Within the Scope of Employment. Intellectual property created by university employees who were employed specifically to produce a particular intellectual property shall be owned by the university if said intellectual property was created within the normal scope of their employment. Faculty are presumed not to be hired to produce a particular intellectual property. On the other hand, computer programs written on the job by staff computer programmers fall under this provision.
• Other Intellectual Property. Intellectual property created by university employees and students not within the scope of employment, not by agreement, and not externally or internally sponsored, shall be owned by the university if the creation involved substantial use of university facilities; if the creator did not involve substantial use of university facilities the creation shall be owned by the creator. This provision is designed to prevent unauthorized use of university facilities and to promote agreements as described above.
• Consulting Agreements. Work done by individuals as consultants to outside firms is not to involve substantial use of university facilities, and the rights to intellectual property created under consulting agreements are retained by the outside firms or the individual as specified by the terms of the consulting agreement. Any member of the university community who is engaged in consulting work or in businessis responsible for ensuring that the work and the provisions in this agreement are not in conflict with the university’s policies regarding other employment and university facility usage, are not in conflict with the university’s values and mission, and do not prevent the employee of the university from fulfilling his employment duties to the university. Each creator of intellectual property should make his obligation to the university clear to those with whom he makes such agreements and should ensure that they are provided with a current statement of the university’s intellectual property policy.