Preamble
Campbell University is dedicated to teaching, research, and the dissemination of knowledge. Although the University does not undertake research or other work principally for financial gain or for the purpose of developing patents or commercial applications, it is the policy of the University to assure the appropriate utilization with regard to ownership of materials, compensation, copyright issues, and the use of revenue derived from the creation and production of all intellectual property. The accompanying policy is to acknowledge and protect the intellectual property rights of faculty, staff, students, and the University while acknowledging the supportive and enabling role of the academic community. It sets forth the fair distribution of benefits arising from activities in which the University and its members are jointly engaged, including public recognition and, where appropriate, financial remuneration. The policy is intended to balance all interests in a fair, manageable, and productive way.
With regard to the policy, the University’s aims include:
- Making clear the University’s values with regard to intellectual property;
- Promoting the University’s intention of encouraging research and scholarship in support of the teaching and learning of students;
- Facilitating the dissemination of knowledge for the benefit of the University community and the larger society;
- Providing incentives to creators in various forms, including professional development, recognition, and financial compensation;
- Providing for the equitable disposition of interests in shared intellectual property among the author, creator, developer, and the University.
- Safeguarding intellectual property so that it may receive adequate and appropriate legal protection against unauthorized use.
Definition
This policy covers all intellectual property conceived, written, or otherwise produced by faculty, staff, or students of Campbell University using University funds, facilities, or other resources. The University defines intellectual property as the tangible or intangible results of scholarship, research, development, teaching, or other intellectual activity. Intellectual property may include, but is not limited to, the following categories: copyrightable material, patentable material, trademarks, inventions, discoveries, written materials, media productions, computer programs, computer-based instructional materials, biological products, chemical products, and laboratory procedures.
General Terms
- Intellectual property arising from research financed by the Government shall be controlled by the terms of the grant or contract. Where the University is permitted to retain intellectual property rights, the University may choose to do so.
- Intellectual property arising from research or other work sponsored by nongovernmental entities shall be controlled by the terms of the sponsored agreement, if applicable. Where the University is permitted to retain intellectual property rights, the University may choose to do so.
- Intellectual property arising from research or other work conducted by University employees or students on University time or with use of University funds or facilities shall be considered the property of the University. This stipulation is understood to encompass such items as inventions, patents, copyrights and trademarks which result from research or unintentional discovery by University employees or students as part of their employment or educational pursuit and by using the University’s resources. Included under this stipulation are ‘works made for hire,’ that is works created 1) for institutional purposes in the course of the creator’s employment or 2) as a contribution to a collective work, where there is a written agreement that it is made for hire. Any income received by the University as a result of licensing or otherwise commercializing shall be shared with the employee or student as provided by the further details of this policy.
- While understanding its resources to have been involved in their production, the University claims no ownership rights to traditional products of scholarly activity, such as books, monographs, articles, reviews, works of art, musical compositions, course syllabi, exams, transparencies, study guides, workbooks, course packs, manuals, web pages, and other instructional materials developed by faculty or staff members in the course of their usual pedagogical, scholarly, and service activities. Unless otherwise specified in a contract or other written agreement, all rights to such scholarly products are retained by the faculty or staff member. This stipulation is also understood to encompass works produced by students, either individually or with the assistance of Campbell University faculty or staff, if they fall under the foregoing description.
- Any use of the University’s name, mark, seal, or trademarks in connection with the commercialization of any intellectual property shall be approved in advance by the University.
- Intellectual property arising from research or other work conducted by University employees or students on their own time and without use of University funds or facilities shall be considered the sole property of the author or creator and may be commercialized at his or her own expense. The University will not consider the payment of salary as constituting use of University funds.
- Any faculty, staff, or student engaged in consulting work, collaborative work or business either individually or by contract or agreement with a third party is responsible for ensuring that clauses in other agreements are not in conflict with this policy or with other related policies of the University; and that the University’s rights and the author or creator’s obligations to the University are in no way abrogated or limited by the terms of such agreements. Any faculty, staff, or student involved in such collaborative work shall incorporate this policy into any such contracts or agreements. Any third party agreement or contract in which the University is a party, regardless of whether it is on an individual basis or sponsored research, shall be approved by the Vice President for Business and Treasurer. No undergraduate, graduate, or professional school or department is authorized to enter into any contract.
Division of Income
The University defines net revenue as gross royalties and/or other receipts minus the costs incurred for items including, though not limited to, development of the product, patent application, patent enforcement, licensing, travel, mailing fees, and auditing fees. It understands gross royalties to be agreed-upon payments specified in a license or other commercialization agreement. The University reserves the right to suspend distribution of revenue when there is reason to believe that substantial deductible costs will be incurred in the future. Revenues derived from intellectual property covered by this policy shall be shared as follows: 50% to the author or creator, 25% to the author or creator’s College or School, and 25% to the broader University. The College or School share shall be administered by the Dean in accord with a budget approved by the President and Executive Cabinet of the University. The author or creator’s rights to share in revenue as stated above shall remain with the individual or pass to the individual’s heirs and assigns for so long as net revenue is derived from the property.
Management
- Intellectual property arising in due course and falling within the specific stipulations of this policy shall be disclosed jointly to the office of the Dean of the College or School, the office of the Vice-President for Academic Affairs and Provost, and the office of the Vice-President for Business and Finance within thirty (30) days of the discovery and prior to the submission of the same for publication or other public disclosure.
- Disputes involving ownership, equity in, or administration of intellectual properties, including the interpretation of this policy, shall be submitted jointly to the appropriate Dean and the Vice-President for Business and Treasurer. After consideration, their written findings and recommendations shall be submitted to the Provost, who shall rule on the dispute. If the disputant is not satisfied with the ruling of the Provost, he/she may file a written appeal with the President of the University. After an appropriate period for the President’s review, he shall set forth in writing his decision with explanation. The decision of the President is final and binding on all parties. It is understood that this intellectual property policy is subject to future modification and may be changed or discontinued at any time by action of the University executive administration and Board of Trustees. However, any such change or discontinuance shall not affect rights accrued prior to the date of such action.
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