Intellectual Property (Procedure 7.1000)
Authority: | F.S. 1001.64, 1001.65, 1004.726 |
Date Adopted: | 10/2019 |
Date of Revision(s): | ----- |
Related Policy: | 1.020; 7.100 |
Ownership of Intellectual Property
It is the Policy of the College to create and support an intellectual environment in which College employees are free to create and collaborate in the development of scholarly and creative works, educational materials, and other intellectual property. Such development activities increase professional knowledge, provide creative models for students, and bring recognition to the individuals and the College. These developments may involve the use of College time and resources. Ownership rights shall be determined by the type and amount of College time, resources, and equipment used in the development of such materials.
- Individual Effort. Rights to copyrightable materials or patents that are generated as a result of individual initiative and not as a specific College assignment and with the incidental use of College facilities and/or resources as described in the College’s Acceptable Use of College Technology Policy 7.010, paragraph 2.c, shall reside solely with the author or inventor; the College shall be granted a non-transferable royalty-free license to make full use of all products and processes so developed while the author or inventor is employed by the College.
- College-Assisted Individual Effort. When the College provides support of an individual’s effort resulting in a copyrightable material or a patent by contributing employee time, facilities and/or other significant College resources, the College is entitled to certain rights and privileges as listed below.
- The College shall be granted a royalty-free license to make full use of all products and processes so developed pursuant to this section.
- The College will be reimbursed for direct costs plus 15% of indirect costs of all College resources expended, supported by detailed records on time and materials.
- Generally, copyrights and patents will be held in the name of the College employee concerned. However, agreement between the individual and the College may create other rights and responsibilities, including joint ownership.
- College Initiated and Supported Efforts. Materials and processes developed as a result of a specific assignment by the College, arising out of the duties for which the employee(s) was (were) specifically engaged by the College, and involving the substantial use of College facilities and/or resources shall be work for hire. Ownership of such materials or processes resides with the College unless the College and employee(s) have expressly agreed in writing to a different arrangement. The employee(s) shall be granted a non-transferable royalty-free license to make full use of all products and processes so developed while employed by the College.
- Sponsor Supported Efforts. College employee(s) who produce copyrightable material, or a patent under sponsor-supported projects shall be responsible for determining in advance the terms and conditions of sponsorship.
- The College shall own the generic courses, programs, and services that have been developed at the College’s direction through its formal institutional procedures as well as the approved institutional documents that are intended to ensure the consistent delivery of such courses, programs, and services, regardless of the particular employee involved (e.g., for each College course, the course description and learning outcomes approved through the College’s curriculum development procedures) unless the College and the employee have expressly agreed in writing to a different arrangement.
Royalty income from copyrighted materials and patents shall be distributed as listed below.
- Individual Effort. Income derived from materials and patents produced from the individual initiative of College employee(s) as defined above shall accrue solely to the author or inventor provided the College shall be granted a royalty-free license to make full use of all products and processes so developed while the author or inventor is employed by the College.
- College Assisted Individual Effort. Income derived from individual efforts which are complemented by College time, facilities and/or resources, as defined above, shall generally, accrue solely to the author or inventor. However, repayment to the College must be made by the individual(s) concerned as outlined above, which also outlines the other rights of the College as set forth in 9.1.B.
Where the College agrees to permit its name to be used in connection with the product or processes, or agrees to market or assist in acquiring a marketing source for the product or process, royalties will be shared with the College receiving 20 percent and the individual(s) 80 percent, unless a written agreement is executed and approved by all parties prior to granting of the copyright or patent.
- College Initiated and Supported Efforts. When copyrighted material or a patent is generated by a specific College assignment or as a result of specific labors for which the individual was employed, for any matters covered under the above information, the College shall be the sole recipient of all income derived therefrom, unless a written agreement is executed and approved by all parties prior to the granting of the copyright or patent.
- Sponsor-Supported Efforts. Income derived from sponsor-supported efforts shall be disbursed in accordance with the specific terms of governing contractual or grant documents provided the College has approved the terms of the governing contract before it takes effect. Income derived from copyrighted materials or patents shall be disbursed in accordance with this article when the contract or grant document is silent as to disbursement of royalties or times of value.
When a student creates works independently, using only resources available in common to all students such work is owned by the student. However, work created by a student(s) when working for pay or academic credit, or voluntarily working on employee(s) projects or college or externally sponsored projects is subject to the provisions of this policy. In all cases the college and employee(s) shall have a non-exclusive, royalty-free, perpetual license to use, display, copy, distribute, and prepare derivative works (with appropriate attribution) of such materials for educational and administrative purposes and as examples of their students’ work.
- If the College shares any materials to which it has a license per sections A. and B. above, the College shall cause the recipient of the materials to execute a sub-license agreement. The sub-license shall set forth the name of the original author / developer; the conditions of the use by the recipient; and, prohibitions on the use of the materials by the recipient outside the allowable use in the agreement and for any purpose beyond teaching at Seminole State College.
- Before executing any sub-license, the appropriate supervisor shall give the original author / developer prior notice of such agreement.
Recommended by: | Executive Team/CAC | Date | 10/22/2019 |
Signed by: | President, Georgia L. Lorenz | Date | 10/30/2019 |