I. Definitions

A. Intellectual Property:  Intellectual and creative works that can be copyrighted or patented, including, for example, literary, dramatic, musical and artistic works, computer software, and inventions.

B. Independent Works:  A copyrightable or patentable work created by a College employee while not in the course or scope of his/her employment as illustrated by, for example, the applicability of one or more of the following criteria:

1. The work is the result of individual initiative.

2. The work is not the product of a specific contract or assignment made as a result of employment with the College.

3. The work is not a regular and routine product of the employee's job duties.

4. The work involves insignificant use of College facilities, time, and/or resources.

C. College-supported Works:  A copyrightable or patentable work created by a College employee in the course of the employee's employment with the College as illustrated by, for example, the applicability of one or more of the following criteria:

1. The work is a regular and routine product of the employee's job duties.

2. The work is the product of a specific contract or assignment made in the course of the employee's employment with the College.

3. The development of the work uses significant facilities, time, and/or resources of the College including, but not limited to, released time, grant funds, salary supplement, leave with pay, or other material or financial assistance.

II. Policy

A. Purpose

This policy is stated to define and protect ownership rights in intellectual property created by College employees independently or with College support.

B. Ownership Rights

1. Independent Works

A College employee owns all rights to copyrightable or patentable independent works created by the employee.

2. College-supported Works

Unless otherwise provided in a rights agreement, the College owns all rights to a copyrightable or patentable work created by the employee with significant College support.

C. Rights Agreement

Notwithstanding the College's ownership rights in a College-supported work, the President, with the approval of the employee's supervising administrators and the Dean for Information Technologies and Instructional Development, may enter into an agreement with the employee for an equitable arrangement for joint ownership, sharing of royalties, or reimbursement to the College for its costs and support. In all such cases, the agreement shall provide that the College will have a perpetual license to use the work without compensation to the employee for such use.

D. Grant-supported Works

Notwithstanding the provisions of this policy, in the case of a work created under a grant accepted by the College, the ownership provisions of the grant shall prevail.

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