96
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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.
(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.
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The creator was assigned, directed, or specifically funded by the College