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96

The creator was assigned, directed, or specifically funded by the College to

develop the material and the College has confirmed the assignment in writing.

(3)

Other Intellectual Property

Responsibility for Disclosure of Intellectual Property: In contrast to historical

business practice, the tradition of academic institutions is to give faculty members

the right to retain ownership of their Intellectual Property. This policy protects

that traditional right, and faculty members are not obligated to disclose the

creation of these materials, even when the product might have commercial value,

unless the material was developed under one of the qualifying conditions listed in

the next section in which case the creator is responsible for reasonably prompt

disclosure. However, faculty members are encouraged to disclose any protectable

material that has commercial value to the extent that they may wish assistance in

copyright protection and marketing in exchange for profit sharing with the

College. All disclosures should be made to the Office of the Provost.

Determination of Rights to Intellectual Property: Except as set forth below, the

creator of Intellectual Property shall retain his or her rights, and the College shall

not assert ownership rights. However, creators will grant perpetual permission to

the College for cost-free use of Intellectual Property that is developed for the

College courses or curriculum, so that the College’s continued use of such

material for educational purposes at Birmingham-Southern would not be

jeopardized. The College will have and may assert ownership rights to

Intellectual Property developed under the following circumstances:

Development was funded as part of an externally sponsored research program

under an agreement which allocates rights to the College.

Development involved a substantial contribution from the College or required

significant, non-routine use of the College resources (e.g., facilities, equipment, funding)

or more than routine use of the College personnel. Extensive participation of students

directly in the development, or indirectly through use and feedback that substantively

influences development, constitutes significant use of the College resources, unless the

participation is routine or normal in the education and instruction of our students. For

purposes of this policy, “substantial contribution” refers to the extensive and

unreimbursed use of College space and resources that are not ordinarily used in this

manner in the College’s educational or instructional endeavors.

Material was developed by administrators or other non-faculty employees

in the course of employment duties and constitutes work for hire under US

law.

The creator was assigned, directed, or specifically funded by the College