Intellectual Property

1. Purpose

In the event College employees take the initiative to create intellectual property, the College will utilize this procedure to determine ownership, compensation, and division of revenues. Because the College recognizes that the fields of instructional technology and intellectual property are rapidly changing, this procedure will be reviewed periodically by representatives from the College instructional team, legal counsel and the President's Cabinet.

2. Definitions

1. Author shall refer to the person who creates or invents intellectual or scholarly property.
2. Intellectual property shall refer to creative or scholarly work protectable by patent, copyright, trademark or trade secret laws. Intellectual property includes, but is not limited to, creative or inventive works, traditional or technology based media, inventions, software programs, the content and presentation of materials using Internet, web or video technology, documents and lab manuals. It does not include ownership of course numbers, titles, descriptions and outcomes.
3. Significant use shall refer to intellectual property that is produced by an Author whereby at least thirty percent of the work was accomplished using the College's resources (as documented by time and effort logs, notes-to-files and similar methods). Use of traditional library resources, office space, computers and peripherals, and normal allocation of network access and server space shall not be defined as "significant use."

3. Administrative responsibility

The College President shall be responsible for administrative matters relating to intellectual property and shall represent the College in all matters of policy affecting the College's relations with Authors, government agencies, private sector entities, and the public. The President may designate an administrative officer and/or an appropriate committee to carry out these responsibilities in whole or in part.

4. Ownership of copyrightable intellectual property and supportive technology

1. Intellectual property resulting from work conducted by College employees wholly on their own time and without use of College funds, facilities, or technical consultation/assistance shall be considered the property of the Author and may be protected and commercialized by the Author at the Author's expense.
2. Intellectual property resulting from work conducted by College employees wholly on their own time with some, but not significant use of College funds or facilities shall be reported to the Vice President for Learning and Student Services. Such intellectual property shall be considered the property of the Author and may be protected and commercialized by the Author at the Author's expense.
3. Intellectual property resulting from work conducted by College employees within the scope of employment or with significant use of College funds or facilities shall be reported to the Vice President for Learning and Student Services. Such intellectual property shall be the property of the College and the employee with the co-ownership percentages, royalties and rights defined by contract.

5. Division of income

1. All royalties derived from intellectual property falling within 4.A and 4.B shall belong to the Author.
2. Authors of commercialized intellectual property falling within 4.C shall provide for periodic reports of sales and shall pay to the College the royalty percentage specified in the contract.