Common use of Copyrights, Patents and eLearning Clause in Contracts

Copyrights, Patents and eLearning. a. The ownership of any materials, processes or inventions developed solely by an academic employee’s individual effort and expense shall vest in the academic employee and be copyrighted or patented, if at all, in the academic employee’s name. b. The ownership of materials, processes or inventions produced solely for the College and at College expense shall vest in the College and be copyrighted or patented, if at all, in its name. c. In those instances where materials, processes or inventions are produced by an academic employee with College support by way of use of significant personnel, time, facilities, or other College resources, the ownership of the materials, processes or inventions shall vest in (and be copyrighted or patented by, if at all) the person designated by written agreement between the parties entered into prior to the production. In the event there is no such written agreement entered into, the ownership shall be apportioned between the parties utilizing the binding arbitration procedures. d. Prior to a formal agreement the Administration and faculty member should consider some or all of the following areas related to an intellectual property agreement: (1) Definition of use of College funds, e.g., staff resources, facilities/infrastructure, release time, work for hire, equipment, stipends/sabbaticals, grants/contracts, marketing; (2) Types of materials to be produced, e.g., DVD, CD, etc.; (3) Use/reuse of materials by each party; (4) Ownership of revisions or revision authority; (5) Compensation model, e.g., royalty distribution (usually by %); (6) Release clause from contract; (7) Signature authority; (8) Length of contract; and, (9) Copyright ownership. Form examples may be viewed on the College Intranet.

Copyrights, Patents and eLearning. a. The ownership of any materials, processes or inventions developed solely by an academic employee’s individual effort and expense shall vest in the academic employee and be copyrighted or patented, if at all, in the academic employee’s name. b. The ownership of materials, processes or inventions produced solely for the College and at College expense shall vest in the College and be copyrighted or patented, if at all, in its name. c. In those instances where materials, processes or inventions are produced by an academic employee with College support by way of use of significant personnel, time, facilities, or other College resources, the ownership of the materials, processes or inventions shall vest in (and be copyrighted or patented by, if at all) the person designated by written agreement between the parties entered into prior to the production. In the event there is no such written agreement entered into, the ownership shall be apportioned between the parties utilizing the binding arbitration procedures. d. Prior to a formal agreement the Administration and faculty member should consider some or all of the following areas related to an intellectual property agreement: (1) Definition of use of College funds, e.g., staff resourceswork for hire, facilities/infrastructure, release time, work for hire, equipment, stipends/sabbaticals, grants/contracts, equipment, staff resources, release time, marketing; (2) Types of materials to be produced, e.g.i.e., DVD, CD, etc.; (3) Use/reuse of materials by each party; (4) Ownership of revisions or revision authority; (5) Compensation model, e.g., royalty distribution (usually by %); (6) Release clause from contract; (7) Signature authority; (8) Length of contract; and, (9) Copyright ownership. ownership Form examples may be viewed on the College Intranet.