Blended and Online Course Intellectual Property

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Policy Name:  Blended and Online Course Intellectual Property

Policy Number: ACA-1006

Effective:  2016/04                                                                                                                        

Revised:  2019/04

 

Policy Statement

Holy Family University Intellectual Property Policy

Introduction

Holy Family University (the “University”) believes that the interest of the entire University community is best served by creating an intellectual environment in which creative effort and innovation are encouraged and rewarded. At the same time, the University desires to retain for the benefit of the University and its learning communities reasonable access to, and use of, intellectual property created with the assistance of the University. The University fully supports the development, production, and dissemination of intellectual property by the University’s faculty. The University further recognizes the need to have policies in place to address ownership of that intellectual property and the University’s right to use that intellectual property consistent with the University’s mission and core values.

 

Intellectual Property Defined

Although the law provides for several different types of intellectual property, this Intellectual Property Policy centers on two: Copyrighted Works and Inventions. The following definitions apply to this Intellectual Property Policy:

  • “Author” means (i) any faculty or employee of the University, whether full time or part time, paid or unpaid, nonacademic or academic (whether term, annual notice or multiple year contracts), including any academic appointment with a modified title (e.g., visiting, courtesy, adjunct, ), assistantships and fellowships, student interns (e.g., research and teaching assistants, graduate assistants, and training grant recipients); and (ii) any independent contractor and third party consultant engaged by the University pursuant to a contract (oral or written).“Copyrighted Works” means original works of authorship that are fixed in any Tangible Media of expression and which are afforded legal protection under U.S. copyright laws, including literary works (e.g., books, articles, memoranda, texts); musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic and sculptural works (e.g. photographs, prints, diagrams, models, drawings, multimedia works, web pages); motion pictures and other audiovisual works; sound recordings (e.g. recorded music, drama or lectures); architectural works; and computer software.
  • “Holy Family University Resources” means the University’s facilities, library resources, equipment, personnel, materials, research materials, information of the University that is not freely available to the public, and funds of the University, including funds provided through any externally funded grant, contract, sponsorship or other type of award, gift or arrangement between the University and a private or governmental sponsor that furnishes funds, equipment or other resources to support research, the creation of creative work, or any other educational or scientific activity to be performed.
  • “Incidental Use” means use of Holy Family University Resources in the following circumstances: (i) where only a minimal amount of Holy Family University Resources have been used; (ii) where use of Holy Family University Resources is ordinary (i.e., a routine use of Holy Family University office space, desktop or library facilities); or (iii) where the Copyrighted Work or Invention has been made on the personal, unpaid time of the Inventor or Author and the Invention or Copyrighted work is wholly unrelated to the research that the Inventor or Author is conducting and/or involved with for the University.
  • “Invention” means all patentable and non-patentable inventions, creations, innovations, discoveries, know how, creative works, trade secrets, mask works, tangible research property and any associated or supporting technology, which constitute any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement.
  • “Inventor” means any faculty member or employee of Holy Family University, whether full time or part time, paid or unpaid, non academic or academic (whether term, annual notice or multiple year contracts), including academic appointments with a modified title (e.g., visiting, courtesy, adjunct, ), assistantships and fellowships (e.g., research and teaching assistants, graduate assistants, fellowship recipients and training grant recipients); (ii) graduate and undergraduate students; and (iii) third party individuals/institutions/ organizations, individuals employed by outside organizations, and consultants or individuals with honorary appointments.
  • “Tangible Media” includes books, periodicals, manuscripts, videos, podcasts, webinars, electronic and digital records, streaming services, films, tapes, disks, source code and object code.

 

Committee for the Oversight of Blended and Online Learning

In light of the changing legislative environment and in view of the evolution of contracts and policies in the intellectual property area, the University is designating the Committee for the Oversight of Blended and Online Learning (“COBOL”) to oversee the implementation and interpretation of this Intellectual Property Policy, assisted by the Vice-President for Academic Affairs and legal counsel as needed.

COBOL will be responsible for:

  • Providing oversight of intellectual property development, ownership and transfer for Authors and Inventors of the University.
  • Monitoring technological and legislative changes affecting this Intellectual Property Policy and the mission of the University.
  • Reporting to appropriate faculty and administrative bodies regarding changes affecting this Intellectual Property
  • Responding to Authors and Inventors concerning the interpretation and implementation of this Intellectual Property

Disputes concerning matters covered by this Intellectual Property Policy must first be presented to COBOL. After consideration of any written or oral submissions, COBOL will make the initial determination as to whether the University or any other party has rights in or to an Invention or Copyrighted Work, and, if so, the basis and extent of those rights. In so doing, the Committee may consult with the Vice-President for Academic Affairs and legal counsel as needed and appropriate.

If an Inventor or Author disagrees with the determination of COBOL, the Inventor or Author may present the dispute to the President of the University for resolution. The Inventor or Author will have an opportunity to present written submissions and oral argument in support of the position being advocated by the Inventor or the Author. The President will issue a written determination and resolution of the dispute, which shall be final and binding.

 

Intellectual Property Ownership and Use

The overarching policy of the University is that Copyrighted Works and Inventions created, made, or originated by any Authors and Inventors of the University will be the property of such Authors or Inventors (and in the case of any Copyrighted Works, the copyright rights in and to such Copyrighted Works), except as such Author or Inventor may voluntarily choose to transfer such intellectual property, in full, or in part, and subject to the exceptions and limitations described below:

 

Copyrights

The University will own Copyrighted Works only in the following circumstances (and notwithstanding any work made for hire rule to the contrary):

  • The University has expressly directed an Author to create a specified work for a specific purpose, or the work has been created as a specific requirement of employment or as an assigned University duty that may, for example, be included in a written job description or in an employment agreement;
  • The Author has voluntarily transferred the copyright, in whole or in part, to the University, in the form of a written document signed by the Author, or authorship cannot otherwise be attributed to a discrete number of Authors, but rather results from contributions made over time by various faculty, staff and/or students;
  • The University has contributed to a “joint work” under U.S. copyright laws. The University can exercise joint ownership when it has contributed Holy Family University Resources to the production of the work that goes beyond what is Incidental Use in the preparation of such work; or
  • The University has made a specific allocation of University’s funds to create the work.

Copyright rights in and to Copyrighted Works created by Authors for teaching and other educational uses or purposes of the University, including for classroom use, for electronic courses and seminars, for any blended and on-line courses and seminars, for department meetings and programs, and for any other educational uses and purposes, including any associated syllabi, assignments, course outlines, lectures, presentations, policies, procedures, handbooks, tests and other data and materials in any Tangible Media, will be owned by the Author, except that the University will have an irrevocable, non-exclusive, royalty free,perpetual right and license to use such works, to view, edit, and supplement such works, to perform and publicly display such works, and to make copies and derivatives of such works, for instructional, educational, and administrative purposes, including satisfying requests from accreditation agencies, for faculty-authored syllabi, and for course descriptions, including blended and on-line course descriptions.

While the Author will retain the copyright rights in such Copyrighted Works, subject to the foregoing license grant, the Author does not obtain or retain any rights in or to the University’s technology platform or course-delivery technology or methodology. For the avoidance of doubt and notwithstanding anything in this Intellectual Property Policy to the contrary, the University will retain ownership rights in and to the University’s curriculum and program structure and all intellectual property rights in and to such structure will belong to the University.

 

Patents and Other Rights in Inventions

The University will own Inventions conceived, created, discovered, devised, produced, originated, or reduced to practice (collectively “Discovered”) by an Inventor, whether alone or in conjunction with others, only if the Invention was conceived, created, or reduced to practice in whole or in part, directly or indirectly: (1) with the use of financial support from the University, including funding or support from any outside source awarded to or administered by the University; (2) with the use, other than Incidental Use, of Holy Family University Resources; or (3) under or subject to an agreement between the University and a third party that creates or defines any obligations with respect to the Invention. For all Inventions in which the University has an ownership interest, the Inventor must assign all of its right, title, and interest in and to the Invention, in the United States and throughout the world, to the University. Inventors subject to the assignment obligations above must also cooperate with the University, at the University’s expense, and any third parties to whom the University has licensed or assigned the rights in the Invention, to the extent necessary to secure and enforce protection of the Invention in any and all jurisdictions selected by the University or the third party. Such cooperation includes signing any necessary documents, including any assignment of ownership rights, and providing relevant background information regarding the development of the Invention.

Rights in and to Inventions in which the University has an ownership interest will be owned by the University and may be commercialized as determined by the University in the University’s discretion. Rights in and to Inventions in which the University once held an ownership interest but subsequently returned the rights to the Inventor will be owned by the Inventor, subject to the license granted to the University described above. Rights in and to Inventions in which the University at no time held an ownership interest will be held by the Inventor and may be commercialized as determined by the Inventor in the Inventor’s discretion.

 

Invention Disclosure Obligations

To assist COBOL in determining whether the University has an ownership interest in an Invention, all Inventions that are Discovered by an Inventor with the use of Holy Family University Resources must be promptly disclosed in writing to COBOL. Such disclosures must include any necessary documentation fully describing the Invention, the Inventor’s relationship with the University, the circumstances under which the Invention was created, a description of the Holy Family University Resources that were used, the existence of any grant, contract, or other similar agreement that resulted, directly or indirectly, in the Invention being Discovered, if and to what extent a third party was involved in such Invention, and the Invention’s potential utilization and commercialization. COBOL will then determine if the University has an ownership interest in the Invention.

Such disclosures must be made to COBOL significantly in advance of any publication, submission for publication, or other public release of the Inventor’s research regarding the Invention, in order to permit: (1) COBOL to review the disclosure and make a determination regarding the existence of an ownership interest in the Invention by the University, and (2) the University to determine whether a patent application or other equivalent application for the protection of the Invention will be made in the United States or any other jurisdiction and allow for the drafting and submission of such application(s).

Unless otherwise agreed to by the University, Inventors may not make public any data or research regarding an Invention subject to this Intellectual Property Policy until: (1) COBOL has made a determination that the University does not have an ownership interest in the Invention; or

(2) COBOL has made a determination that the University does have an ownership interest in the Invention, and (i) an application directed to the protection of the Invention has been filed, or (ii) the University has determined not to file such an application.

If the University determines that it will not file any application for protection of any Invention in which it has an ownership interest, or if it determines that it will abandon a pending application, or granted patent or other secured right in the Invention, the Inventor may request that the rights in the Invention be returned to the Inventor. The University may assign the rights in the Invention to the Inventor or reject the Inventor’s request. Should the University return the rights to the Inventor, the Inventor must grant the University an irrevocable, world-wide, non- exclusive, perpetual, royalty-free license to use the Invention for the University’s research, educational, and other non-commercial activities related to the mission of the University.

 

Distribution of Any Funds Generated

Funds received by the University from the sale or license of intellectual property owned by the University will be allocated and expended as determined solely by the University.

Funds received by an Author or Inventor and the University from the sale or license of intellectual property owned jointly by the Author or Inventor and the University will be allocated and expended in accordance with the specific agreement negotiated by the University and the Author or Inventor.

Funds received by an Author or Inventor from the sale or license of Copyrighted Works or Inventions owned by an Author or Inventor will be allocated and expended as determined solely by the Author or Inventor.

 

Miscellaneous

Subject to the other provisions contained herein, all rights conferred upon the University pursuant to this Intellectual Property Policy, including the ownership rights described herein, shall survive the termination of an Author’s or Inventor’s employment with or engagement by the University.

The University reserves the right to amend and supplement this Intellectual Property Policy from time to time, including the ownership interest provisions set forth herein, with notice to all interested parties. No amendment or supplement of this Intellectual Property Policy will be valid or effective unless set forth in a written instrument approved by COBOL. COBOL, assisted by the Vice-President for Academic Affairs and in consultation with the President of the University, shall be responsible for all matters and issues relating to this Intellectual Property Policy, including the interpretation and enforcement of this Intellectual Property Policy. Any disputes arising out of or relating to the interpretation or enforcement of this Intellectual Property Policy by COBOL may be appealed to the President.

The University will not endorse or lend its support to any Copyrighted Work or Invention that is inconsistent with the University’s mission and core values. Any Author or Inventor who seeks to commercialize any Copyrighted Work or Invention that is inconsistent with the University’s mission and core values shall not use the University’s name and/or logo in any manner in connection therewith, including a manner that implies, directly.