Page 77 - 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
72
The creator was assigned, directed, or specifically funded by the College
to develop the material, and the College has confirmed the assignment in
writing.
(4)
Intellectual Property Developed Under Sponsored Research Agreements
Ownership of Intellectual Property developed pursuant to an agreement with any sponsor
will be governed by the provisions of that agreement. Sponsored research and artistic programs
funded by private sponsors should be reduced to a written agreement that is submitted in advance
to the Provost. The Provost, with the review and approval of the President, will inform the
College employee of the contractual terms required for the use of College resources, facilities,
students, or personnel. The Agreement between the College employee and the private sponsor
will provide for appropriate compensation or reimbursement to the College for the use of College
resources, facilities, students, or personnel. Government and nonprofit sponsors generally
should follow the same procedure, subject to laws or conditions that are unique to such bodies.
(5)
Special Agreement
The overriding principle underlying this Intellectual Property Policy is to
encourage creativity and inventiveness, so the College reserves the right to allow
some flexibility in applying this policy on a case-by-case basis. In such cases,
ownership and use of materials developed pursuant to a special agreement
between the College and the creator/author will be governed by the principles of
that agreement.
4.
Administration
Office of the Provost: The Policy on Intellectual Property shall be administered by the
Office of the College Provost and the stated terms and provisions of the policy shall be
determined and interpreted by the Provost with the review and approval of the President.
Intellectual Property Review Committee: In implementing this policy, the Provost shall
appoint a standing Intellectual Property Review Committee whose functions shall include
(1)
reviewing policy provisions from time to time, as needed, with recommendations for
change or amendments to the Provost; and (2) reviewing other issues as requested by the
Office of the Provost or other interested parties.
Dispute Resolution: When a dispute arises over the application or interpretation of this
policy, an ad hoc I.P. Dispute Resolution Committee shall be formed to consider the
issues and render a decision. The I.P.D.R. Committee shall consist of three members of
the College community – one chosen by the College employee, one chosen by the
College administration and one agreed to and selected by the first two selected committee
members. The I.P.D.R. Committee may conduct a private hearing and formulate other
reasonable and necessary procedures to reach a majority decision in writing within sixty