Intellectual Property Rights

It is the policy of Roanoke College that works or products generated on their own initiative by non-faculty administrative staff and students which are copyright, patentable, or of commercial value, be and remain the exclusive property of the College.  The College shall have the sole right of ownership and disposition of these materials, unless the College has entered into a written agreement with the non-faculty member who generated the work that it be considered "works made for hire."

 

Materials written, created, produced or otherwise generated as "works made for hire" are defined as inventions, creations, manuscripts, or other works of commercial value which are written, created, produced or otherwise generated by non-faculty administrative staff or students, who are engaged by the College specifically to write, create, produce or otherwise generate such materials or to conduct the research or other activity which produced anything included in the material(s); or are released from other College responsibilities in order to write, create, produce or otherwise generate materials.

 

Copyright materials include but are not limited to books, pamphlets, brochures, or other printed materials; films, video or audio tapes; computer programs or computer-based instructional materials; musical compositions; and any and all materials covered by the copyright laws of the United States or any foreign government, as amended. Patentable works include but are not limited to inventions, creations and any and all things patentable under the patent laws of the United States or any foreign government, as amended. Materials of commercial value are any materials which the College, in its sole discretion, determines to have commercial value.

 

Materials written, created, produced or otherwise generated pursuant to or under the sponsorship of an outside agency or government and under the auspices of a College grant shall be subject to the copyright, patent and exploitation terms and conditions of said subject grant, contract or agreement. If no such terms and conditions are stated, then the materials produced by non-faculty administrative staff or students shall be subject to the terms of this policy.

 

The College may voluntarily agree, but shall not be obligated, to enter into an agreement to compensate such person in its sole discretion in the event the materials or works made for hire are deemed to be of commercial value to the College on terms and conditions determined by the College, in its sole discretion.

 

When the College has obtained rights of whatsoever kind or nature in copyright, patentable, or commercially valuable materials which have been written, created, produced or otherwise generated by a non-faculty administrative staff member or student, then the terms and conditions of this policy shall be binding upon all parties in regard to the copyright, patentable or commercially valuable materials until all of the following conditions have been met:

 

•1.      The expiration of a minimum of 2 calendar years from the date of assignment;

•2.      The recovery, by the College, of all expenses and costs attributable to the writing, creation, production, generation and/or exploitation of the materials;

•3.      With respect to non-faculty administrative staff member, two calendar years from the calendar date of cessation of affiliation of such person with the College;

•4.      The expiration of the College's copyright, patent or contract rights.

 

 

 

Approved by the President and Cabinet September 13, 2010