Georgetown College encourages the production of creative and scholarly research, works, and inventions, known broadly as Intellectual Property, among faculty, staff and students. The products of this scholarship may create rights and interests on behalf of the creator, author, inventor, sponsor and the College, as well as the general public.
The purpose of this policy is to promote, support and reward creativity, research, and scholarship; to promote the progress of science and useful arts; to encourage the discovery of new knowledge and its dissemination to students, to the profession, and to the public; and to help faculty, staff and students identify, protect and administer intellectual property matters and define the rights and responsibilities of all involved. The College reserves the right to allow some flexibility in applying this policy on a case-by-case basis. In such cases, ownership and use of materials developed pursuant to a special agreement between the College and the creator/author will be governed by the principles of that agreement.
Because the roles of faculty employees and non-faculty employees are different with regard to expectations to scholarly work and because academic tradition favors faculty retention of Intellectual Property created, the rights of faculty employees and non-faculty employees are somewhat different under this policy.
Executive Cabinet, Human Resources and All Affected Managers
manufacturing designs that have been reduced to practice, and are novel, useful, and non-obvious, and therefore likely to be subject to protection under United States patent law.
Work Made for Hire Under federal copyright law, a â€śwork made for hireâ€ť is one â€śprepared by an employee within the scope of his or her employment.â€ť Basically, for non-faculty employees (including students working for the College, in work-study or otherwise), any work produced in the performance of oneâ€™s duties for the College, whether or not specifically directed to do so, will be considered a â€śwork made for hireâ€ť and, thus, will be deemed owned and authored by the College. An exception may be made if the works are the subject of a specific, written agreement with the College and the author. Works produced by faculty will not be deemed â€śworks made for hireâ€ť unless they are produced under a specific contract with the College for the production of that particular work. Works produced by students as part of a class, or in any other capacity, except that of working for the College will not be deemed â€śworks made for hireâ€ť, unless they are produced under a specific contract with the College for the production of that particular work.
It is the general policy of the College that IP shall be the property of the author. The College may assert ownership rights to IP developed under circumstances set forth further below.
For purposes of this policy, creations are divided into two groups:
In the second group, ownership is shared by the author and the College (with the author having a right to share in the benefits derived wherefrom). When the work is made for hire, the College and author shall share in royalties as set forth below.
Responsibility for Disclosure of Patentable or Non-Patentable Intellectual Property: College employees or students, who alone or in association with other entities create or intend to create patentable or non-patentable subject matter that follows from College funding purposefully directed toward that creation or from the significant use of resources such as College facilities or equipment must disclose the matter and obtain authorization as soon as is feasible from the Provostâ€™s Office. Such disclosure shall be made when it can be reasonably concluded that a subject matter has been or will be created, and sufficiently in advance of any publication, presentation, or other public disclosure to allow time for possible action that protects rights to the Intellectual Property for the author and the College. Authors are encouraged to seek the advice of the Provost in determining whether the subject matter is patentable or whether the College desires to pursue patenting the matter.
Retention of Rights All College employees are expected to assign a non-exclusive, royalty-free license to use any IP created by them to the College for its use in furtherance of its academic mission (e.g., in the classroom, at lectures, in promotional materials, etc.), except where the author assigns rights to the IP to a third party, such as a publisher. Student work for classes is exempt from this expectation, but other student work using college facilities is not.
Revenues generated by the successful commercialization of IPs owned by the college (whether or not protected by patent and / or copyright) shall be shared between the college and the author(s) subject to the conditions and exceptions outlined below.
Any faculty or staff member engaged in consulting work or in business is responsible for ensuring that clauses in the individual’s agreements are not in conflict with this policy, nor with the College’s commitments; and that the institution’s rights and the individual’s obligations to the College are in no way abrogated or limited by the terms of such agreements. The President or the Collegeâ€™s Legal Counsel’s Office can provide assistance in this regard.
Faculty and staff members shall make clear to those with whom they make such agreements their obligations to the College and shall ensure that other parties to the agreement are provided with a current copy of this policy.
The author(s) of an IP covered by this Policy shall have the right to appeal application of the policy to the IPC.
The IPC will formulate recommendations relative to each such appeal, and will forward both the appeal and its recommendations to the President in a timely manner. The President will determine the college’s response to each appeal, and will so notify the author(s) and the IPC.
If the author (s) disagree with the IPC recommendation regarding ownership, a written appeal to the President must be filed within (30) thirty days of receipt of notification of the IPC recommendation. This appeal should contain an exposition of the facts as seen by the author (s), any information they deem pertinent to the case, as well as any applicable citations of policy guidelines. A copy of the appeal document should be sent to the IPC.
Upon receipt of the appeal, the President may elect to consult with any and all concerned prior to reaching a decision in the case.
In the event that any member of the college (faculty, staff or student) perceives and/or becomes aware of any irregularity in the inventorship / authorship of an IP disclosed (or about to be disclosed) to the IPC, he/she should bring it to the attention of the other inventors / authors involved and / or the Department Chair(s) concerned in an attempt to resolve the conflict equitably and amicably. Failing such resolution, the facts of the cases should be submitted in writing within (30) thirty days to the Provost with a request for review by the IPC.
Upon receipt of such a request, the IPC shall review the facts of the case, convene a hearing for all concerned parties, reach a conclusion and present a synopsis of the case and a recommendation to the President.
Faculty, staff, and students may use Georgetown Collegeâ€™s name, logos, and marks to identify themselves (John Doe, Professor of Physics, Georgetown College). Georgetown Collegeâ€™s name, logos, and marks shall not be used by individuals or entities in a manner that implies College endorsement or responsibility for particular activities, products, or publications for commercial purposes, or by any individual or group promoting itself, without the express written permission of the Director of Communications and Marketing.
Acknowledgement: This policy borrows extensively from or is inspired by the Intellectual Property policies of Carnegie Mellon University, Centre College, Indiana University, the University of Kentucky, Virginia Polytechnic Institute and State University, the AAUP Suggestions and Guidelines for Institutional Policies [on Intellectual Property] and Contract Language, and policies from other, similar institutions.