4.19 – Intellectual Property - OTC Policies and Procedures

4.19 – Intellectual Property

A. Purpose

To establish the college’s guidelines and requirements for intellectual property.

B. Policy

The college encourages employees and students to participate in the creation of intellectual property designed to improve the productivity of the college and/or to enhance the learning environment. Any works of authorship, inventions, or other intellectual property created by college employees, students and third-party contractors shall be the property of the college if such creations were either made from college resources or for college purposes. Intellectual property produced within programs that are supported by federal or state grants may be subject to more restrictive requirements as it pertains to intellectual property rights. Should there be any conflict between the provisions of this policy and any separate agreement regarding federal or state grants, the terms of that separate agreement will govern.

C. Procedures

General Intellectual Property

Any intellectual property right not hereby assigned to the college but created through substantive, non-incidental use of college resources or labor is hereby licensed by the creators thereof to the college as a royalty-free, perpetual, non-exclusive license to make full use of all such rights, including aspects of copyright and any patents from the creation. Employees, students, and third-party contractors who contribute to the creation of intellectual property, inventions, or to the authorship of copyright-protected works using college resources hereby assign their rights in such inventions and works to the college. Employees, students, and third-party contractors agree to execute assignments and other documents necessary for the college to protect its rights in such inventions and works of authorship, and to assist the college in protecting such rights. Scholarly Works and Course Materials are not considered intellectual property as it relates to this policy.

Before the college benefits commercially from the sale of said intellectual property, it may enter into an agreement with the employee, student, and/or third-party contractor for an equitable arrangement for joint ownership, sharing of royalties, or reimbursement to the college for its costs and support. In all such joint ownership cases, the agreement shall provide that the college will have a perpetual license to use the work without compensation to the employee, student, and third-party contractor for such use. If an employee is granted full or partial leave with pay (e.g. release time or educational leave), to write, develop, produce, or invent intellectual property, the employee and the college will negotiate this arrangement prior to the time the leave is taken.

Standard Exceptions

Personal or scholarly works created by a student or an employee outside their scope of employment and with only incidental and/or reasonable use of college resources belong to the individuals who created them and are not subject to the stipulations established herein.

Similarly, course materials, including, but not limited to, lectures, lecture notes, study guides, webpages, schedules, handouts, tests, quizzes, etc. belong to the individuals who created them unless those materials were created as part of a contractual arrangement with the college to produce jointly owned course materials for the use of the college, its employees, and/or its students.

The college acknowledges the widespread academic tradition of sharing course materials and recommends that any person or organization planning to use or adapt course materials belonging to someone else should first obtain written permission from the owner.

Creative Commons Information

The college encourages the development and dissemination of new knowledge and intellectual property by faculty and staff. The college recognizes that faculty and staff should have a significant role in the determination of how intellectual property will be publicized, commercialized, developed and disseminated. A Creative Commons (CC) license enables the creator of a copyrighted work to grant permission to others for access and use of such intellectual property. A CC license helps retain copyright as described above while allowing others to copy, distribute, and make some uses of a work. Therefore, creators are encouraged to add a CC license to any content distributed to the larger public via the college’s website or via a repository (e.g. OER Commons, MERLOT, etc.), with the exception of works that are subject to an intellectual property agreement between the creator and the college, such as works of compelling institutional interest, provided that doing so does not violate the terms of any existing college agreements or government regulations.

Works may be licensed under a variety of Creative Commons (CC) 4.0 International Licenses. Creators should use the most appropriate license for their work. The CC-BY license is recommended for maximum dissemination and use of college material. The CC-BY license allows others to distribute, alter, modify, and build upon copyrighted work, even commercially, as long as they credit the college for the original creation.

Creative Commons license choices include:

CC-BY: Attribution (This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator.)
CC-BY-SA: Attribution Share Alike (similar to CC-BY but also requires the modified material to be licensed under identical terms.)
CC-BY-ND: Attribution No Derivatives (This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, and only so long as attribution is given to the creator.)
CC-BY-NC: Attribution Non-Commercial (This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.)
CC-BY-NC-SA: Attribution Non-Commercial Share Alike (similar to CC-BY-NC but also requires the modified material to be licensed under identical terms.)
CC-BY-NC-ND: Attribution Non-Commercial No Derivatives (This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator.)

Adherence to the intellectual property requirements shall be part of the conditions for employment for every employee of the college, of enrollment and attendance for all students at the college, and for access to college resources for any third-party or any individuals utilizing college resources.

It is the individual responsibility of the college community (including all faculty, staff, students and other individuals utilizing college resources) to comply with this policy. Any such violation without the college’s consent is subject to appropriate disciplinary action up to and including termination or dismissal from the college.

The college reserves the sole right in its sole and absolute discretion to determine what, if any, actions to take regarding the retention, ownership, registration, patenting, licensing, or other use or disposition of any intellectual property rights subject to this policy.

All third-party contractors who contract with the college also agree to be bound by this policy as a material part of the consideration for their contract. If the college determines not to seek protection for any intellectual property right subject to this policy, it may waive its rights and allow the creators of such rights to seek to protect them at their own expense.

Employees shall not infringe any intellectual property right of any third party, including trademark, copyright, patent, trade secret, or other similar rights.

All employees shall notify the vice chancellor for administrative services of any potential or suspected infringing activity by any employee or anyone using college resources.

The college may from time to time establish policies to grant stipends or otherwise compensate or incentivize the creators of intellectual property rights owned by the college as provided in this policy.

Patentable Inventions

The college’s activities may lead to the creation of patentable inventions. In turn, patents covering these inventions that are owned by or licensed to the college provide rights that may have significant value for the college. The college therefore may seek to obtain and protect patents covering its inventions, and license or otherwise dispose of them in the interests of the college.

This policy applies to patentable inventions meeting either of the criteria below.

Inventions made by college employees in the course of their employment, or in a field or discipline reasonably related to the inventor(s)’ field(s) of employment.
Inventions enabled by significant use of college resources when made by college employees or students whose inventive contribution did not arise from employment by the college.

Employees shall not accept confidential information from any third party or sign any confidentiality or non-disclosure agreement without contacting the vice chancellor for administrative services for guidance.

Employees shall take timely steps to notify the vice chancellor for administrative services of any potentially patentable inventions using the Invention Disclosure Form approved by the college. Such notification must occur before any disclosure of each such invention outside the college (including publication in scholarly journals) and far enough in advance of any such disclosure (at least 3 months) to allow adequate time to evaluate each such invention and, where appropriate, perfect the college’s patent rights in any such inventions by filing a Patent Application covering it in the United States Patent and Trademark Office or to provide a non-disclosure agreement for the proposed recipient of the information. In addition, every employee agrees to provide their department’s vice chancellor with all relevant and prior knowledge of the invention of which the employee is aware of including all relevant prior art information for which the employee is aware of for each such invention. The respective vice chancellor will present to cabinet for consideration.

Employees who learn of any potential claim or threat of a claim against the college for infringement of a patent or related property right or breach of license relating to the same shall immediately notify the vice chancellor for administrative services of such potential claim or threat of a claim and provide all pertinent information. If employees are concerned that a proposed project or other activity at the college shall infringe any third-party rights they shall immediately notify the vice chancellor for administrative services.

Employees who learn of any potential infringement of any patent rights owned by the college shall immediately notify the vice chancellor for administrative services of such infringement and provide all pertinent information.

The college invests significant resources in its assets, which include websites, educational resources, research articles, class materials, and other similar works. Employees must protect the college’s copyrights and the value of these assets from infringement by others.

Works created by college employees, in the scope of their employment except those described in “Scholarly Works” and “Course Materials” above, are owned exclusively by the college as works made for hire under the US Copyright Act. Materials created by third-party independent contractors for the college may, in some cases, also be works made for hire.

Employees do not have the authority to allow others to use the college’s copyrights without appropriate college approval. If a third-party requests a license or permission to use any of the college’s copyrights, or there is a suspected infringement, employees must contact the vice chancellor for administrative services.

The appropriate copyright notice should be included on all college copyrighted works, whether registered or unregistered. These include websites, apps, software, artwork, advertising, marketing and promotional materials, course materials, and other works.

The college may determine to register copyrights in any works that it owns. The vice chancellor for administrative services may contact employees or third-party independent contractors for additional information or materials necessary to register the college’s copyrights.

The college also respects the copyrights of others. Improper use of copyrighted materials by employees could expose both the college and its employees to substantial civil and criminal penalties. All employees are required to comply with federal copyright law and this policy.

Under the US Copyright Act, copyright arises automatically when an author creates an expressive work if the work is both:

Original, meaning that the work: (i) is independently created by the authors, and (ii) has some minimal creativity (the required level of creativity is low); and
Fixed, meaning that the work is captured in a tangible form.

Text of advertising or marketing materials, books, and newsletters.
Website content, including text, graphics, and audiovisual elements.
Computer software programs, including any accompanying manuals and documentation.
Photographs, drawings, diagrams, and other types of artworks.
Audiovisual works.
Songs and jingles.

Ideas, systems, processes, or methods of operation.
Titles, short phrases, or slogans.
General layouts or formats, for example, of a website, poster, or book cover.
Common symbols and designs, for example, polka dots, abbreviations, familiar religious symbols, or emoticons.

A copyright provides a bundle of exclusive rights in a protected work. The primary exclusive rights are as follows:

Reproduction (making copies of a work).
Distribution (transferring ownership of a tangible copy of a work, or transferring custody, but not ownership, of a tangible copy, for example, through rental or lending).
Public performance (reciting, rendering, playing, dancing, or acting a work in a place open to the public or where a substantial number of people other than family members and acquaintances are gathered).
Public display (showing a copy of a work in a place open to the public or where a substantial number of people other than family members and acquaintances are gathered).
Derivative works (making adaptions of a work, for example, translations, art reproductions, or a motion picture based on a book).

For the copyright’s duration, use of any of these exclusive rights generally requires the copyright owner’s permission to avoid infringement. Fair use allows certain limited uses of copyrighted works without the copyright owner’s permission. These may include uses for the purpose of:

Criticism
Commentary
News reporting
Teaching
Scholarship
Research

The determination of fair use is highly dependent on the particular facts, and the distinction between fair use and infringement is not always clear or easily defined. College employees may also be able to use material under the TEACH Act if all requirements of the Act are met. Contact the vice chancellor for administrative services to determine if the TEACH Act applies to a proposed use of a copyrighted work.

Employees may need to use third-party copyrighted works in their work for the college, including photographs, images, articles, or portions of articles from professional journals, or video or sound clips. It is against the policy for any employees to copy, scan, digitize, distribute, broadcast, perform, excerpt, modify, translate, or otherwise use any third-party copyrighted works, whether for personal use, internal or external college use, or use by others, in violation of copyright laws.

Use of third-party copyrighted works generally requires permission or a license. If a work was created by a third-party contractor, confirm with the vice chancellor for administrative services that the contractor has entered into an agreement with the college to grant ownership in the work to the college.

Providing information regarding the source, author, or owner of a work does not eliminate the need to obtain permission or a license for use of the work. If there are any questions regarding the permissibility of using third-party copyrighted works, please contact the vice chancellor for administrative services for additional guidance.

The college may have purchased or licensed the use of certain third-party copyrighted works. Employees must comply with all terms and conditions of any applicable agreements.

Do not assume that materials that are available on the internet or social media may be copied, distributed, or otherwise used without permission of the copyright owner, regardless of the ability to access, copy, or download such materials. The use of content posted on the internet or social media is also subject to the website or app provider’s applicable terms of use. Do not circumvent or otherwise impair or remove any electronic or digital copyright protection measures.

D. Definitions

Intellectual Property is a work or invention that is the result of creativity, such as a manuscript or design, to which one has rights and for which one may apply for a patent, copyright, trademark, etc.

College Resources are resources used solely for college purposes and not for personal or commercial activities.

College Purposes includes, without limitation, the products of assigned tasks or of the general scope of employment or appointment of college employees, such as articles, curriculum, course materials (online and print, audio or video recordings, websites, software, processes, inventions, and the products of research).

College Community is students, faculty, staff, the Board of Trustees, visitors, contractors, and consultants performing work or services on college owned or leased properties and all other invitees of the college.

Course Materials are those materials prepared for use in teaching in any form, including, but not limited to, digital, print, audio, visual, or any combination thereof.

Incidental Use of college resources is the normal consumption of college-owned supplies or college-paid utilities as are consumed in the ordinary course of work or study by the routine authorized actions of employees or students. Examples of incidental use are use of electronic mail, remote connection through a college server, word processing, or other computing resources provided to all college employees or students without restriction to quantity of use, library materials available to the public, etc. Any use of college resources for private commercial purposes is not considered incidental use.

Prior Art is evidence that an invention was already publicly known or available, in whole or in part, before the effective filing date of the patent application.

Scholarly Works are creations that reflect research, creativity, and/or academic effort, such as journal articles, literary works, works of art and music, and computer programs.

TEACH Act is the Technology, Education and Copyright Harmonization Act of 2002 allows educators to copy documents or use copyrighted materials in a face-to-face classroom. The act also permits instructors and students of accredited, nonprofit educational institutions to transmit performances and displays of copyrighted works as part of a course if certain conditions are met.

E. Authority

This policy is maintained under the authority of the executive vice chancellor for administrative services.

F. Related Policies

3.40 – Employee Code of Conduct and Disciplinary Procedures

3.42 – Employee Use of College Resources and Space

5.16 – Student Discipline and Appeals Process

G. Implementation

Policy approved and adopted by the Board of Trustees on 01/08/2025.

Purpose, Procedures, Definitions, Authority and Related Policies sections approved and adopted by the chancellor’s cabinet on 12/03/2024.

Set for review in fiscal year 2027-2028.