Saint Anselm College ("the College") is dedicated to teaching, research, and the dissemination of knowledge to the public. The College encourages and supports faculty and students, and any other persons employed by the College, in the production of scholarly, technological, innovative, and creative works. The College is committed to protecting and promoting Intellectual Property and Academic Freedom.
This policy applies to all faculty, staff, students, and any other persons employed by the College and/or receiving funding administered by the College.
This policy will cover all forms of legally recognized "Intellectual Property" which is created at the College. For the purposes of this policy, the individual or group of individuals who authored, invented, or are otherwise responsible for the creation of this "Intellectual Property" will be referred to as the "Creator." Intellectual Property will include, but is not limited to, the following:
Under 17 US Code Section 102, Copyright law protects original works of authorship in any medium. This includes, but is not limited to, the following:
- Scholarly works (e.g. research monographs and articles, publications, research materials, textbooks, class notes, instructional materials, and materials posted on faulty Blackboard courses sites, department Web sites, and faculty Web sites);
- Creative/artistic works (architecture, art, dance, fiction, film, music, poetry, and sculpture);
- Copyrightable software; and
- Other developing areas, including but not limited to, distance learning, online courses, multi-media works, and various other forms of electronic communications;
Including, but not limited to, inventions and discoveries (e.g. devices, processes, improvements and software patentable under federal laws);
As recognized under state and federal laws; and
All data generated during research at the College, to include but not limited to:
- Research notes, research data reports, computer-generated statistical analysis, and research notebooks;
- Lab notes, results of analysis, etc., and;
- New forms of Intellectual Property that are associated with the categories above.
Creator Ownership of Intellectual Property
The ownership of Intellectual Property created or originated by the Creator shall be the sole property of the Creator. Any income or funds generated from the sale of this Intellectual Property are solely owned by the Creator. The only exception is if the Creator voluntarily chooses, in writing, to transfer this ownership right, in whole or in part, to the College (or other third-party).
College Ownership of Intellectual Property
The ownership of Intellectual Property, created or originated by the Creator, shall be owned by the College only under the following circumstances:
- The Creator has voluntarily transferred ownership rights, in whole or in part, to the College through a written document signed by the Creator and the College;
- The College and the Creator have entered into a written, signed agreement where the College has agreed to contribute to a "joint work" project with the Creator under the federal Copyright Act; and
- The College expressly directs a person(s), defined in Paragraph 2.0 of this policy, to create a specific work in the course of the person's administrative duties (i.e., faculty committee and departmental work) or as a specific requirement of said person's employment or duties.
The College shall own any and all funds for Intellectual Property solely owned by the College. Funds received by the College for the sale of Intellectual Property jointly owned by the Creator and the College shall be allocated and expended in accordance with the written provisions in Paragraphs 5.0(A) and 5.0(B) of this policy.
Interpretation, Issues, and Disputes
In implementing this intellectual property policy, there shall be the creation of an intellectual property and rights committee. This committee will comprise three (3) members from the faculty (elected annually from and by the Faculty Senate) and three (3) members from the administration (appointed annually by the president of the College). These six (6) members will elect a chair for the current academic year.
The Intellectual Property and Rights Committee shall monitor and review technological and legislative changes affecting intellectual property policy and shall report to relevant persons and administrative bodies, when such changes affect existing policies. The committee shall serve as a forum for the receipt and discussion of proposals to change existing institutional policy.
Disputes over ownership, and its attendant rights, of intellectual property will be decided by the Intellectual Property Policy and Rights Committee. The committee shall also make a determination on resolving competing faculty claims to ownership when the parties cannot reach an agreement on their own.
ITCP Approved 4/20/07