Intellectual Property

Intellectual property is information and original expression that derives its intrinsic value from creative ideas and has commercial value. Ownership is subject to international, federal, and state laws and to this University policy.

Course materials – material of a pedagogical intent used by the faculty member and University in the course of the University’s educational mission.

Creative work – artistic works, musical or dramatic compositions and performances, literary works, works of a primarily aesthetic nature, etc.

Intellectual property includes patentable materials, copyrighted materials, trademarks, software, and trade secrets, whether or not formal protection is sought (IHL Intellectual Property Policy 807.02). Delta State University hereby adopts the definitions of patentable materials, copyrighted materials, trademarks, and trade secrets as set forth in IHL Intellectual Property Policy 807.02 presently used or as subsequently amended or renumbered.

Patentable materials – items other than software which reasonably appear to qualify for protection under Title 35, Section 101, U.S.C. of the United States or other protective statutes, including novel plant varieties and patentable plants, whether or not patentable thereunder, including scientific or diagnostic procedures, methods, processes, techniques, or devices, and including compositions of matter.

Scholarly work – material prepared for traditional academic publications, such as scholarly journals or other texts of a scholarly nature.

Applicability

This policy shall apply to faculty, staff, and students.

In this document “faculty” means “faculty member and faculty/staff/student” means “faculty member, and/or staff employee, and/or [graduate or undergraduate] student.”

All aspects of this policy apply to all courses regardless of mode of delivery and/or methods of instruction.

Ownership of Intellectual Property

For all courses and materials:The faculty/staff/student owns the intellectual property under the following conditions:

• If the intellectual property is unrelated to the faculty/staff/student job responsibilities and no more than incidental use was made of University resources; or
• If the intellectual property is scholarly work, creative work, and/or patentable materials as defined above; or
• If the intellectual property is a textbook, workbook, or computer software written for use in a particular academic discipline or course.

The University owns the property under the following conditions:

• If the intellectual property, other than scholarly work and/or creative work as defined above, is created within the scope of employment on University time with the use of University facilities or University financial support; or
• If the intellectual property is commissioned by the University or a component of the University pursuant to a signed contract or if it is considered work for hire under copyright law; or
• If the intellectual property results from research supported by federal, state, or university funds.

The University and faculty/staff/student own the intellectual property jointly:

• If criteria for University ownership and individual ownership (as set forth above) grant ownership to both parties in a significant or meaningful way; or
• If the faculty/staff/student involved in the creation of the intellectual property worked in collaboration with other University employees, for whom the creation was a part of their employment responsibilities, as part of a team to contribute the kind of expression intended to be part of an integrated whole. The University’s employees who work as programmers, graphic artists, video technicians, script writers, and other University support personnel create this kind of expression. When added to the faculty/staff/student contribution, the result is a jointly-authored work.

Licensing of Intellectual Property

Delta State University shall be responsible for securing patents and copyrights for intellectual property owned by the University and for jointly owned intellectual property. An agreement shall be negotiated with the faculty/staff/student by the appropriate vice president and approved by the President in accordance with State and University policy. The cost involved in securing patents or copyrights for jointly owned property shall be equally borne between the University and the inventor or creator (or group thereof treated as one entity). The University shall not be required to bear the expense of securing property rights for intellectual property it does not own, even if the use of such will benefit the University or aide or accomplish the mission of the University.

Distribution of Income Derived from Intellectual Property

Jointly owned intellectual property is shared between the faculty/staff/student and the University when there is commercial value. For jointly owned intellectual property, an agreement shall be negotiated with the faculty/staff/student by the appropriate vice president and approved by the President in accordance with State and University policy. There must be (a) an offer and an identifiable buyer with whom to negotiate; and (b) a negotiated, written letter of agreement executed between the faculty/staff/student and the University. The agreement shall stipulate the percentage of ownership between the faculty/staff/student and the University, indicate who pays and how research and development costs are recovered, and describe future use of the intellectual property. In the event percentage of ownership and payment and recovery of research and development costs are not addressed in writing, then the economic relationship is shared on a 50%/50% basis after the recovery of research and development costs.

When termination of employment (faculty/staff/student) or enrollment (student) occurs in cases where intellectual property is jointly shared, a negotiated, written letter of agreement will be executed with the University. The agreement shall be negotiated with the faculty/staff/student by the appropriate vice president(s) and approved by the President in accordance with federal, state and University policies, procedures, and regulations. The agreement shall establish separate ownership rights, stipulate the percentage of ownership between the faculty/staff/student and the University, and describe future uses of the intellectual property. To initiate an agreement: (a) the faculty/staff/student contacts his/her department/division chair or director in writing requesting separate joint ownership rights; (b) the chair or director notifies the appropriate vice president(s) that a letter of agreement is required; and (c) the vice president(s) and faculty/staff/student prepare and execute the letter of agreement.  

Disclosure of Patentable Materials or Copyrighted Materials

It is the responsibility of the inventor or creator, or group thereof, of patentable or copyrighted materials to notify promptly and fully disclose to the University any work or material in which the University could claim ownership rights or an interest under this policy. If an inventor, creator, or any member of a group thereof is uncertain whether the University has ownership rights or other interests in certain work or material, that work or material shall be disclosed to the University. Prompt and full disclosure should contain sufficient detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, operation and technical characteristics of the work or material. Disclosure should be updated promptly and fully as any of the forgoing areas or topics change.

Institutional Review and Dispute Resolution

Any disputed issues related to intellectual property or the interpretation of this policy shall be reviewed and determined by a committee composed of the chair or director of the unit to which the inventor or creator belong (or all chairs or directors in the event of a group of inventors or creators), the appropriate dean(s) the appropriate vice president(s)and the Provost and Vice President for Academic Affairs. The committee’s determination may be appealed to the President of Delta State University, whose decision shall be final.

Disclosure

Copies of this policy shall be printed in the University faculty/staff handbook and in the student handbook and shall be posted electronically on the University website.
 

Responsible Office and/or Policy Owner: Office of Academic Affairs