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Appendix J: Policy on Intellectual Property
Birmingham-Southern College (“College”) encourages the production of creative and
scholarly research, artistic activity, works and inventions, known broadly as intellectual property,
among Faculty, students and Staff. The products of this scholarship may create rights and
interests on behalf of the creator, author, inventor, public, sponsor and the College. The purpose
of this policy is to support and reward artistic activity and scientific research and scholarship,
and to help Faculty, students and Staff identify, protect, and administer intellectual property
matters and define the rights and responsibilities of all involved. The College Faculty and
employees are encouraged to retain a non-exclusive, royalty-free license to allow them and the
College to use work they author or create and intend to publish in furtherance of the College’s
academic mission (e.g., in the classroom, at lectures, etc.). This policy shall not be construed in
a manner that would undermine the academic mission of the College or conflict with the By-
Laws or Charter of the College.
1.
Application of Policy
The policy applies to works created by all classifications of Faculty, Staff and students of
the College and to non-employees such as consultants and independent contractors, who create
works on behalf of the College, unless a written agreement exists to the contrary.
2.
Identification of Intellectual Property (“Intellectual Property”)
Intellectual property shall consist of the following:
(1)
Copyrightable material produced from creative and scholarly activity, such as text
(manuscripts, manuals, books, and articles); videos and motion pictures; music
(sound recordings, lyrics, and scores); images (print, photographs, electronic, and
art); and computer software (programs, databases, web pages, and courseware);
and
(2)
Patentable works such as patents (processes, machines, manufactures, or
compositions of matter); devices; and software excluded from copyrighted
materials; and
(3)
Trademarked materials, such as words, names, symbols or logos, domain names,
trade dress, and slogans or any combination of words which has been adopted by
the College to identify itself and to distinguish itself and its sponsorship from
others.
(4)
Trade Secrets
3.
Ownership and Use
(1)
General Rule
. Keeping with the view that one of the College’s primary benefits
to society is the production of original works by its employees and students, and
in order to best encourage such activity, it is the general policy of Birmingham-
Southern that Intellectual Property shall be the property of the author or creator.