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Material was developed by administrators or other non-faculty
employees in the course of employment duties and constitutes
work for hire under US law.
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The creator was assigned, directed, or specifically funded by the
College to develop the material and the College has confirmed the
assignment in writing.
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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:
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Development was funded as part of an externally sponsored
research program under an agreement which allocates rights to the
College.
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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