5.710 Intellectual Property Rights and Policies
Subject: Intellectual Property Rights and Policies
Date Adopted: August 25, 2004
Resolution as Approved by the Technology Committee
I. Introduction / Rationale
National Park Community College is committed to excellence in both teaching and learning. This commitment is evidenced by activities and policies that enhance faculty expertise and promote quality programs of study.
Policies that protect the intellectual property rights of faculty, staff and students are a necessary extension of and means to these commitments. Values supported include:
that education is best experienced within a community of learning where competent
professionals are actively and cooperatively involved in creating, providing, and
improving the instructional program, and that learning should be dynamic and interactive, regardless of the setting in which it occurs.
This proposed policy defines the issues of intellectual property rights, describes faculty and administrative responsibilities, and addresses compensation and accountability.
Copyright - the exclusive right under law to reproduce, publish, and sell the matter and form of original literary or artistic work for a period of life plus 70 years. Facts, ideas, and titles are not protected by copyright.
Derivative work - a new work based on a preexisting work, see revision.
Fair use - use of copyrighted work for comment, criticism, teaching, research, etc. Guidelines consider use for nonprofit, educational purposes; the amount and substantiality in relation to the work as a whole; and potential effect on market value.
Intellectual property - any original creation whether written, artistic, or electronic.
Ownership - legal proprietary right or exclusive title, may reside with one or more entities as in dual ownership.
Patent - the exclusive right under law to make, use, or sell an invention for a period of 15 years.
Public domain - the status of property rights belonging to the community at large, not protected by copyright or patent.
Release time - reduction in teaching load with no reduction in salary, used to free time to work on specific projects.
Revenue - income in the form of salary, dividends, goods, interest, royalties, services, stipends, or return on investments.
Revision - reworking to the extent that at least 50% of the material is new, see derivative work.
Work made for hire - any product substantially arising from assignment by a supervisor or from routine performance of duties in a job or under contract, the copyright term is 95 years from first publication or 120 from creation, whichever expires first.
1 GCCC NCA Self-Study, 2001, p. 42
2 "Statement of the Regional Accrediting Commissions on the Evaluation of
Electronically Offered Degree and Certificate Programs", September, 2000, p. ii
3 Library of Congress, Copyright Office, FL-102, June, 1999.
III. Ethical issues
For intellectual property to be protected by these policies it must be the original work of the developer. No work produced by a student, for a specific course or otherwise, is in any way the property of the instructor or the College. They avoid any exploitation of students. Further, those who have the guidance of students as their responsibility must exercise the greatest care not to appropriate a student's ideas, research, or presentation to the professor's benefit; to do so is to abuse power and trust.
IV. Faculty Responsibilities
In the case of works made for hire, the College has dual or joint ownership of the intellectual property with the creator(s) for perpetuity. The right of revision remains with the creator(s).
All faculty creating intellectual property independently shall use their own time and resources, and should
1. certify the originality of the contents of all works,
2. secure permission and releases to include copyrighted or private materials,
3. review and revise the material at least annually to maintain currency, and
4. allow use by the College for credit courses for at least one year after termination of employment.
Faculty may seek third parties to pay all or part of the developmental costs for intellectual property. The ownership and distribution of revenues should be defined by contract.
V. Administrative Responsibilities
It is recognized "that institutions are responsible for the education provided in their name".6
The College sets standards for course materials and content through the usual channels of Programs, Divisions, Advisory Committees, and the Curriculum Committee. These standards will apply to
traditional, online and distance education courses equally. Standards for course materials and content will be circulated in draft form for comments for three (3) months prior to being accepted and published.
The College has the right to use intellectual property created for credit class offerings for one (1) year after the creator leaves employment in the case of works created independently.
The College may further contract with the creator(s) of intellectual property for works other than works made for hire. In the case of works made for hire, the College has dual or joint ownership of the intellectual property with the creator(s) for perpetuity. The right of revision remains with the creator(s).
4 Statement on Professional Ethics in AAUP Policy Documents and Reports, 1995, pp. 105-6
5 Statement on Plagiarism in AAUP Policy Documents and Reports, 1995, p. 110
6 Statement of the Regional op.cit.
Absent a contract with provisions to the contrary, the creator of intellectual property other than works made for hire shall retain the right to all revenues derived from the work. In the case of work made for hire, the revenues from any commercialization of the property shall be divided as follows:
Prior to recovery of the College's costs:
After recovery of the College's costs:
In the event the creator(s) received release time, stipends, other compensation, or substantial College support in the development of any intellectual property, such property is a work made for hire.