DBD. Intellectual Property Rights (Faculty Handbook 4.14)

 

Policy Purpose and Criteria
In compliance with Texas Education Code, Chapter 51, Section 51.680, the South Plains College District adopts the following intellectual property policy, which addresses the following provisions:

1. disclosure of scientific and technological developments, including inventions, discoveries, trade secrets, and computer software;
2. institutional review of scientific and technological disclosures, including consideration of ownership and appropriate legal protection;
3. guidelines for licenses, scientific and technological developments;
4. clear identification of ownership and licensing responsibilities for each class of intellectual property;
5. royalty participation by inventors and the institution; and
6. equity and management participation on the part of the inventor or inventors in business entities that utilize technology created at the institution of higher education.

Ownership of Intellectual Property, Copyrighted or Invented Material
Employees of South Plains College are encouraged to publish, copyright, invent and patent materials and objects of their own creation, which will contribute to the advancement of knowledge. It is the desire of the College to encourage these activities and to protect the interest of its personnel in relation to disclosure of scientific and technological developments, including inventions, discoveries, trade secrets, computer software and original works and ideas which may have monetary value. It is also the responsibility of the College to ensure that public funds and property are not used for personal gain. The author, creator, or inventor is free to benefit from royalties and monies accruing from such publication or invention subject to the following guidelines:

1. All classes of intellectual property, scientific and technological developments, including inventions, discoveries, trade secrets, computer software and original works and ideas created on the employee's own time, and without the use of College facilities, equipment, materials or support, shall be the sole property of the creator.
2. All classes of intellectual property, scientific and technological developments, including inventions, discoveries, trade secrets, computer software and original works and ideas created by employees at College expense or on College time or using College facilities or equipment shall be the property of the College. The College, in return for unrestricted license to use and reproduce original work without royalty payment, shall transfer to the creator of that work full ownership of any present or subsequent copyright/patent. However, in the event that intellectual property, scientific and technological developments including inventions, discoveries, trade secrets, computer software and original works and ideas are sold to entities outside the College, all income will go to the College until all developmental expenditures incurred by the College for that project, including stipends paid to the developer (over and above contract salary), prorated support staff salaries, supplies, and other expenses related to the creation of the materials or objects, are recovered. Thereafter all remuneration as a result of copyright publication or patented sale will go to the creator(s) of the materials or objects.
3. When the production of intellectual property, scientific and technological developments including inventions, discoveries, trade secrets, computer software and original works and ideas involve College support, but the employee is not specifically assigned and paid for the work, the employee will secure prior presidential approval before proceeding with the project.
4. The College or the employee may relinquish his/her rights at any time to the other party, or he/she may offer his/her portion for sale to the other party.
5. All written agreements regarding intellectual property rights and royalty fees require the approval of the President of the College.
6. The College will ensure equity and management participation on the part of the inventor or inventors in business entities that utilize technology created at the College using College resources.
7. No College employee shall realize a profit from materials sold exclusively to South Plains College students. When instructional materials developed by the faculty are sold in the bookstore for a profit, the publisher of the material must be approved by the President.

Disclosure and Institutional Review

Any College employee who intends to create any intellectual property, scientific and technological developments including inventions, discoveries, trade secrets, computer software and original works and ideas developed wholly or partially using College time, equipment, materials, or facilities and who intends to copyright, patent, or otherwise merchandise those materials or objects will inform the President of the College through the appropriate vice president of that intent at least 60 days prior to start of the project. The College will initiate an institutional review of scientific and technological disclosures, including consideration of ownership and appropriate legal protection. The President of South Plains College shall retain final approval right in the institutional review process.

If disclosure of intent to create intellectual property is not made as required, it will be presumed that the intellectual property was developed on College time using College funds, facilities and equipment and is College-supported work.

Once property rights are established through guidelines (a.) through (g.) listed above, the licensing rights of intellectual property, scientific and technological developments including inventions, discoveries, trade secrets, computer software and original works and ideas developed under this policy shall follow those established institutional procedures and require the final approval of the President. Faculty are responsible for determining institutional policy and procedure prior to proceeding in each instance.

Creation of Educational Materials

Personnel of divisions or units whose function is to produce educational materials may not realize a profit from the sale of those materials. In the case of any materials produced exclusively by these units, copyright will be held by South Plains College. Materials produced under an externally funded grant will be guided by the terms of the grant.

 

Date Issued: November 1998

Revision Date: February 14, 2013

Nature of Revision: Clarification of policy

Approval: Board of Regents