Policy 3.18: Intellectual Property

Effective Date: Tue, Feb 12, 2008

  1. Purpose

    As a public, non-profit institution, the College recognizes that its resources must be used for the express purpose of the college mission, must be allocated wisely, and that the cost for use of its resources must be recovered. This policy supports the College’s mission while it encourages and supports the intellectual property rights of the faculty, staff, and students of the College, including its facilities, equipment, and all other resources.

  2. Definitions

    Intellectual property
    Includes, but is not limited to, the definition and description of works of authorship as established by the Copyright Act (Title 17 of the United States Code) to include “in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
    1. literary works;
    2. musical works, including any accompanying words;
    3. dramatic works, including any accompanying music;
    4. pantomimes and choreographic works;
    5. pictorial, graphic, and sculptural works;
    6. motion pictures and other audiovisual works;
    7. sound recordings; and
    8. architectural works.”
    Creator
    Any person who creates an intellectual property.
    Ownership
    Refers to a legally binding agreement specifying the creator of the intellectual property and who shall retain the reward of the intellectual property in its distribution.
    College Resources
    Include, but are not limited to, labor, materials, equipment, facilities, offices, supplies, libraries, labs, and personnel.
    Ownership Agreement
    An agreement between the College and the creator on the ownership, distribution and use of intellectual property based upon the time, expenses, expertise and creative talents of the creator, the use of the college resources and expenditures in the production of the intellectual property, and material contributions of the College and the creator to the creation of the intellectual property.
    College branding
    Refers to the College’s name, trademark, logos, mascots, and characters, which are owned or controlled by Haywood Community College.

  3. Policy Statement

    1. Intellectual property created in whole or in part with College resources is subject to ownership by the College and the College retains the right to financial reward and claim for distribution governed by terms and conditions of an Ownership Agreement between the creator(s) and the College.
    2. Intellectual property created with no College resources is the exclusive property of the creator(s) and the College has no interest in any such property and no claim to any financial reward or claim for distribution.
    3. Intellectual property created without the use of College resources but for the purpose of fulfilling college functions or its mission is subject to joint ownership by the college and the creator. The creator(s) retains the rights to use the intellectual property, to financial reward and claim for distribution in accord with an Ownership Agreement between the creator(s) and the College.
    4. The use of College resources for personal gain or political promotion is inappropriate use of College resources and subject to reprimand.

  4. Rights and Responsibilities

    1. The use of the college name or college branding within intellectual property for publication or promotional purposes shall be subject to prior approval and negotiation by the College president.
    2. It is the creator’s responsibility to ensure that intellectual property does not include intellectual property owned by others. The creator(s) is responsible for obtaining the appropriate releases and permissions for the use of intellectual property owned by others.
    3. The creator must obtain and hold signed release forms from all individuals appearing in intellectual property.
    4. The creator(s) of any intellectual property is required to make prompt disclosure to the College president when the use of college resources will be required to complete the work.
    5. If the intellectual property contains a marketable financial value, the creator and the college will follow appropriate procedures to negotiate an Ownership Agreement. Use and distribution of intellectual property shall be governed by terms and conditions of the Ownership Agreement.
    6. The college shall have license to use of intellectual property according to the Ownership agreement. Financial reward and distribution of the intellectual property shall be governed by the terms of the Ownership Agreement.
    7. Credit and ownership of the intellectual property shall be subject to the Ownership agreement.

  5. Procedural Authority and Management

    The President’s Office has responsibility for procedural implementation of the Haywood Community College intellectual property policy.

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