/Institutions/North-Greenville-University/json/2023-2024/2023-2024-Undergraduate-and-Graduate-Catalog-local.json

/Institutions/North-Greenville-University/json/2023-2024/2023-2024-Undergraduate-and-Graduate-Catalog.json

Intellectual Property Policy

 

Purpose

North Greenville University is committed to fostering an environment that supports the teaching, learning, scholarship and other creativity of its faculty, staff, and students. Thus, the intellectual Property Policy covers all types of intellectual property, including works protected by copyright and patent and trade secrets.

Definitions

Intellectual Property
Intellectual Property includes creative ideas and other expressions of human ingenuity that receive the legal protection of a property right. Expressions of Intellectual Property include any copyrightable material, trade secret, or patentable invention. It also includes creations, works of art, or inventions that might be normally developed on a proprietary basis.

Creator
Creator signifies any person (s) who create an item of intellectual property.

Substantial Use

Substantial use of University facilities means the use of University facilities, personnel, equipment and other resources, to an extent greater than that which occurs in the normal and regular course of one’s undertaking to perform and carry out the task for which one has been employed, or which is greater than the use afforded to students in the regular course of their studies. The use of University equipment or other resources is deemed “substantial” when it entails a level or kind of use not normally available to virtually all of the faculty, staff, and students. Incidental use of a University facility does not constitute substantial use—the facility must be important to the creation of an intellectual property.

Types of intellectual property also include:

(1) internally sponsored works;
(2) externally sponsored works; and
(3) substantial use of University facilities.

Internally Sponsored Work: internally sponsored work refers to work for which the University provides funds or other facilities that rise to the level of substantial use. When the university provides funds or other facilities in the generation of a particular project to the extent of substantial use, it may also choose to declare itself the owner of the intellectual property resulting from the project. The University by way of the Executive Council will provide in writing in advance the disposition of any intellectual property rights arising from a proposed project. Any proposed project must be approved in advance through normal University channels with final approval to be given by the Executive Council.

Externally Sponsored Work: externally sponsored work refers to work conducted under an agreement between an external sponsor and the University that also specifies the ownership of such intellectual property in the agreement.

Intellectual Property Created within the Scope of Employment: in cases where University employees are specifically asked to create a particular intellectual property, such property shall be owned by the University if said intellectual property was not produced within the normal scope of their employment. Faculty are presumed not to be hired to produce a particular intellectual property. Computer programs generated on the job by faculty and staff computer programmers fall under this provision. Material created for ordinary teaching use in the classroom and in departmental programs, such as presentations, syllabi, assignments, class notes, and tests shall remain the property of the faculty author, but institutions shall be permitted to use such material for internal instructional, educational, and administrative purposes, including satisfying requests of accreditation agencies for faculty authored syllabi and course descriptions.

Individual Agreements: intellectual property that is the subject of a specific agreement between creator (s) and the University shall be owned as provided in the said agreement.

Other intellectual Property: intellectual property created by University staff employees and students not within the scope of employment, not by agreement, and not internally or externally sponsored, shall be owned by the University if the creation involved substantial use of University facilities: if there was no substantial usage, then the creation will be owned by the creator. Prevention of unauthorized use of University facilities is the rationale for this provision.

Consulting Agreements: work performed by individuals who serve as consultants to outside entities is not to involve substantial use of University facilities, and the rights to any intellectual property created under consulting agreements are retained by the outside entities or the individual as specified by the terms of the agreement. A member of the University community engaged in business or consulting work is responsible for ensuring that the provisions and work in the agreement do not conflict with the University’s mission and values, are not in conflict with the University’s policies concerning other employment, and do not prevent the University employee from fulfilling his or her responsibilities to the University. A creator of intellectual property should make his obligation to the University clear with those whom he or she makes such agreements and should also ensure that outside entities are provided with a current copy of the University’s intellectual property policy. No member of the University will represent themselves to be, nor will they act in a manner which would reasonably cause another to conclude that they are agents of the University and thereby authorized to act on behalf of the University in dealings with outside entities in regard to dealings regarding contracts, grants, sponsored research, or other undertakings.

Policy Provisions

The creator (s) of any intellectual property that might be owned or is owned by the University under this policy is required to make a written disclosure of the work to the University’s President in a reasonably prompt time. Furthermore, said creator (s) are to execute any document deemed necessary to perfect legal rights in the University and enable the University to file copyright applications and patent applications when appropriate. The above-mentioned disclosure to the President should be made at the time when legal protection for the creation is contemplated, and it must be made before the intellectual property is used for profit, sold, or disclosed to the public. Regular records should be kept by all persons engaged in such creative activity whenever legal protection for the creation is contemplated.

Distribution of Funds

In cases where the University exerts ownership, the distribution of monetary proceeds from applicable intellectual property shall be distributed as follows:

Creator—25%
University—75%

The University’s share of proceeds under this policy will be used to reimburse the University for its expenses for commercial development of intellectual policy. Any additional returns will be used to further the purposes of the disciplines of the entire University. Faculty, Staff, and students retain the right to all royalties resulting from the publication of their scholarly works.

Dispute and Emerging Issues Resolution

This policy constitutes an understanding which is binding on the University and on the faculty, staff, and students upon whom it is effective. Questions regarding emerging issues and disputes will be addressed by the Intellectual Property Adjudication Committee, the members of which are appointed by the President. The Intellectual Property Adjudication Committee will consist of a chair who is a staff member at the Vice Presidential level, two members of the University faculty, and two other members representing respectively the University administration. The committee will use the guidelines set forth in this policy to decide upon a fair resolution of any dispute. Disputes are resolved by submitting a grievance letter to the Intellectual Property Adjudication Committee, which shall issue a decision within 60 days.