Page 76 - BSC Faculty Handbook

Faculty Endorsed 5/12/03, Board Approved 5/15/03
Faculty Amended/Endorsed 9/20/04, Board Amended/Approved 10/7/04
Faculty Amended/Endorsed 10/17/05, Board Amended/Approved 10/21/05
Faculty Amended/Endorsed 8/24/07, Academic Affairs Committee Amended/Approved 4/10/07
Faculty Amended/Endorsed 5/6/08, Board Amended/Approved 5/9/08
Faculty Amended/Endorsed 4/14/09, 5/5/09; Board Approved 5/8/09
Faculty Amended/Endorsed 12/7/2011; Board Approved 1/27/12
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law.
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 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 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/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.