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L. Policy on Intellectual Property Ownership

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Appendices

Policy on Intellectual Property Ownership

Approved by Executive Committee, April 2015*

In furtherance of the College's goal to encourage creative and scholarly works, Knox College has adopted this Policy on Intellectual Property Ownership.

Copyright Ownership

As "works made for hire" are defined under Section 101 of the Copyright Act of 1976, works created by an employee within the scope of his or her employment are owned by the employer.  The College does not intend for this "works made for hire" doctrine to apply to faculty-created works unless extraordinary resources of the College are used in the creation of a work.  Therefore, faculty members will own the copyrights in works that result from a faculty member's pursuit of traditional teaching, research and scholarly activities, including the creation of books, articles and other literary works; computer software; inventions; artistic, musical or dramatic works; or course materials, whether in traditional or electronic form, unless extraordinary resources of the College were used in the creation of the work.  With regard to any particular creative work, the College and the faculty member(s) may mutually agree on an alternative ownership arrangement, including joint ownership.

Any work created by a staff member or officer of the administration (including a faculty member when acting in his or her capacity as an officer) generally constitutes a "work made for hire," and the College asserts copyright ownership in such works unless an alternative ownership arrangement is agreed upon.

Copyright in works created by students are owned by the student unless: (1) the work is created within the scope of the student's employment at the College; (2) the student is assisting a faculty member with research or creation of a faculty work; (3) the student is working on a project funded by external research grants that govern the ownership of a work; or (4) an alternative ownership arrangement is agreed upon. In most cases of faculty-student work, the student will not obtain any copyright ownership in the resulting work; however, in some circumstances, a student may contribute significantly to the creative aspect of development of the work. In such cases, it may be appropriate for the faculty and the student to enter into an agreement regarding ownership and/or attribution.  Such agreements should be made in consultation with the Dean of the College.

Patent Ownership

Under patent law, inventions are owned by the inventor and not the employer unless the inventor agrees to assign his or her rights in an invention to the employer.  Unless extraordinary resources of the College are used in the creation of a work, the College will not expect the faculty member to assign his or her rights in an invention conceived, developed, or discovered during the faculty member's employment with the College.  With regard to any particular invention, the College and the faculty member may mutually agree on an alternative ownership arrangement.  Use of funds provided through external research grants awarded to individual faculty members will follow the restrictions of the granting organization.

Definition of Extraordinary Resources

"Extraordinary resources" may consist of special released time from regularly assigned duties (but not a sabbatical or similar leave); investment by the College through funds or staff; the College's purchase of special equipment for the project; or extraordinary use of the College's computing resources.  Use of incidental supplies, use of a college computer in a faculty office, or use of college personnel or shared facilities on an occasional basis will not be considered use of extraordinary resources.  (As noted above, use of funds provided through external research grants awarded to individual faculty members will follow the restrictions of the granting organization.)  The College will determine whether extraordinary resources have been used on an individual basis.  Faculty members have the right to receive clarification of the status of institutional resources for their work at any time but are encouraged to obtain such clarification as early as possible in the life of the project.

Further Actions

For all works in which the College retains ownership, the faculty member agrees to cooperate with the College and take any further actions necessary to effectuate ownership by the College.

College Name and Logo

Any use of the College's name or logo (other than to identify the creator by his or her title at Knox College) in connection with a work created by a faculty member or other employee may create an impression of sponsorship by or other connection to the College and therefore must be approved in advance by the Dean of the College.

Administration

This Intellectual Property Ownership Policy will be administered by the Dean of the College.  Disputes concerning application of this policy will be resolved by a review panel of three members consisting of the President, a representative appointed by the creator of the work, and a representative appointed by the Dean of the College.

 

*Adapted with permission from the St. Olaf College Policy

 

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https://www.knox.edu/offices/academic-affairs/faculty-handbook/appendices/l-policy-on-intellectual-property-ownership

Printed on Monday, November 20, 2017

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