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Southwestern
Community College acknowledges the ownership rights
associated with intellectual property and requires
students and employees to adhere to all applicable
state and federal laws. Intellectual property
is property protected by copyright, trademark,
or patent law.
| 1. |
Works Made for Hire
The College recognizes that the works made
for hire doctrine applies to College employees.
Under this doctrine, a work made for hire
is defined as a work prepared by any employee
within the scope of his or her employment.
Other works created under the terms of an
agreement between the College and a creator
may also be deemed works made for hire under
that agreement. Works include any material
that may receive protection under federal
patent, copyright, or trademark law. The college
retains its ownership of works made for hire
and all rights incidental to that ownership
except as stated below. This policy does not
include independent works by employees that
were not created within the scope of employment.
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| 2. |
Academic Exception
The College recognizes an academic exception
to the works made for hire doctrine. It is
the College's policy that employees own copyright
to traditional works that they create for
traditional academic purposes. The employee
grants and the College retains a “shop
right” in these works. A “shop
right” includes the right of perpetual,
royalty-free, non-exclusive use of the works
within the institution for educational and
research purposes. Regardless of any use of
institutional resources or the work made for
hire doctrine, the ownership of textbooks,
scholarly monographs, trade publications,
maps, charts, articles, novels, nonfiction
works, supporting materials, artistic works,
syllabi, lecture notes, educational software
and multimedia, and like works will reside
with the creator(s) and all rights incidental
to that ownership will belong to the creator(s).
Employees, however, may not use College resources
to commercialize or publish a work without
written approval from College administration.
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| 3. |
Student Works
The College recognizes that students retain
ownership of intellectual property submitted
in fulfillment of academic requirements.
By enrolling in the institution, the student
gives the institution a “shop right”
in any work created in fulfillment of academic
requirements. This “shop right”
includes a perpetual, non-exclusive, royalty-free
license to mark, modify, and retain the
work as may be required by the process of
instruction.
Student class or lab notes may only be
used for personal educational purposes.
Publication of class notes may be unlawful
copyright infringement.
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| 4. |
Other Agreements |
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| a. |
In support of its mission, the College,
an employee or a student may voluntarily
enter into other agreements for ownership
or sharing of royalties. In these instances,
the written agreement is controlling,
not this policy. |
| b. |
In the case of a work created under
the provisions of a grant, the terms
of the grant will determine the ownership
and all rights incidental to the ownership
of the property created, not this policy. |
| c. |
All revenue derived by the College
from the creation and production of
intellectual property, shall be used
for educational and research purposes
that directly support the College’s
mission.
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| 5. |
Dispute Resolution |
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| a. |
Prior to creating works using College
resources, employees and students should
direct intellectual property ownership
questions to the Vice President of Instruction
and Student Services. |
| b. |
Employees - If issues related to ownership
of intellectual property arise and cannot
be resolved informally, College employees
may seek resolution through the Employee
Grievance Procedure (4.23.1).
Prior to initiating litigation, both
parties will participate in mediation
of the dispute before a neutral third
party mediator and will equally share
the cost of such mediation. |
| c. |
Students - If issues related to ownership
of intellectual property arise and cannot
be resolved informally, College students
may seek resolution through the Student
Grievance Procedure for Academic Matters
as outlined in the Student Handbook.
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