A. Intellectual Property

(Note: OLPM sections on this page may be cited following the format of, for example, "KSC.III.A.1.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)

  1. Definition
    1. For the purpose of this policy "Intellectual Property" includes materials, which may be copyrighted, patented and/or trademarked.
  2. Applicability
    1. This policy applies to all Keene State College faculty (including adjunct faculty) or staff (including ancillary staff), to students employed by the College, and to non-employees of the College hired on a contracted basis.
  3. Materials Which May be Copyrighted
    1. Materials which may be copyrighted include, but are not limited to, the following examples:
      1. Books, journal articles, reports, texts, glossaries, bibliographies, study guides, laboratory manuals, syllabi, tests and proposals;
      2. Lectures, musical or dramatic compositions, and unpublished scripts;
      3. Photographs, films, film strips, charts, transparencies, and other visual aids;
      4. Video and audio tapes and cassettes;
      5. Live video and audio broadcasts;
      6. Programmed instructional materials (including Web-based courses or materials);
      7. Computer programs (software);
      8. Choreographic work and pantomimes;
      9. Graphic and sculpture works; works of art;
      10. Drawings and plastic works of a scientific or technical character;
      11. Architectural plans and structures;
      12. Dress and fabric designs;
      13. Computer-generated and transmitted materials;
      14. World Wide Web pages and/or sections of those pages
      15. Databases (in some cases);
      16. Digital representation of the above items
    2. Examples of intellectual property eligible for trademark or patent are not provided in this document at this time. Nonetheless, inventions eligible for patents and items eligible for trademark registration and protection are also included in this policy.
  4. Categories of Intellectual Property
    1. For purpose of this policy intellectual property (eligible for patent, trademark and/or copyright) falls into the following four categories depending upon the status of the inventor:
      1. Works made for hire by non-faculty employees (including ancillary staff), by students employed by the College, or by non-employees hired on a contractual basis
      2. Individual efforts by faculty (including adjunct faculty)
      3. College-sponsored efforts by faculty (including adjunct faculty)
      4. Externally sponsored efforts
    2. Statutory Definition: "Works made for hire" (under Section 101 of the 1976 Copyright Act) are defined as: a) a work prepared by an employee within the scope of his or her employment; or b) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer materials for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
    3. In the event the definition of "Works made for hire" changes in future copyright laws, the then current law will govern.
    4. Patents and Trademarks are more complicated than copyrights and are each subject to separate laws than item 4.2 above. While generally the same, the appropriate and current US statutes for each class of property shall govern with respect to this policy.
  5. Ownership of Intellectual Property
    The ownership of intellectual property depends upon the category of the inventor as described in section 4. The following sections correspond to those categories:
    1. Works made for hire: Intellectual property produced as a work made for hire by non-faculty employees (including ancillary staff), by students employed by the College, or by non-employees hired on a contractual basis is the exclusive property, including copyright, of the College.
    2. Individual efforts by faculty:
      1. Definitions: (a) Individual faculty includes all full-time faculty (tenure track and other), adjunct faculty, part-time faculty, Faculty in Residence (FIR), exchange faculty, faculty fellows, faculty emeritus, retired faculty and administrative employees while they are serving in a faculty role; (b) Significant college sponsorship is defined to mean use of College resources beyond:
        1. Payment of contractual salary or stipends
        2. Payment of authorized supplemental pay or College of Continuing Education pay if such pay is not expressly for the development of the intellectual property in question.
        3. Provision of office and/or laboratory space including general media laboratory space and general administrative support.
        4. Use of library and interlibrary resources
        5. The support of internal grant or seed money programs including but not limited to TALENT grants, alumni grants, or matching research grant funds
        6. Works performed while on sabbatical or other KSCEA contract benefits such as coordinator release time (such as family release time, sick leave, etc.)
        7. Works performed as professional activity while on "teaching release time" specifically granted for that purpose (unless other mutually acceptable arrangements are made in advance and in writing)
        8. The use of computer and network hardware facility (including mail addresses, ISPs and domains) and/or software shall not constitute college sponsorship
        9. Works performed in unrelated college activities, other contracts or employment, off-campus and on non-college time.
        10. The use of College facilities or equipment normally available to faculty members at large, in their specific division or discipline, not included in 5.2.1.2, 5.2.1.3, and 5.2.1.7 above, including, but not limited to workshops, tools, video cameras, recording devices, instruments, measuring devices, copiers, telephones, fax machines and so forth.
        11. Use of college name, job title, stationery and letterhead assuming such use is otherwise authorized (e.g. when making a survey for inclusion in a publication)
        12. Notwithstanding any of the foregoing, the parties can mutually agree in writing to the existence or non-existence of significant College sponsorship
        13. Ownership
          1. All rights and ownership of inventions and/or intellectual property developed by individual faculty without Significant College Sponsorship will remain the sole property of the Individual Faculty Member unless the parties have agreed in writing to some other outcome.
          2. Where intellectual property is invented, developed and/or conceived jointly by two or more creators or inventors, then each of the co-creators/inventors shall share ownership rights in such proportions as the joint creators/inventors and the Vice President for Academic Affairs agree reflect their respective contributions. If agreement cannot be reached by all parties, and absent other written agreement, ownership will be shared equally and jointly.
          3. Such a collaboration or team effort will be considered as an individual effort for purposes of this policy with respect to the College. If other sharing rules are contained in US or state law, those rules shall govern for distribution of ownership rights outside this policy.
          4. The individual faculty member shall bear the costs of copyright, trademark and/or patents if he/she chooses to pursue such protections.
      2. College-sponsored Efforts of Faculty: Inventions and rights to intellectual property (including software and World Wide Web based courses or materials) produced through significant College sponsorship (as defined above) shall be owned by the College. For this case the College shall bear the costs (if any) of the copyright or patent if it so chooses.
      3. Externally Sponsored Efforts: Rights to intellectual property developed by faculty as a result of work supported partly or wholly by an external agency under a grant or contract shall be determined in accordance with the terms of the contract or agreement. In the absence of such agreement, ownership shall:
        1. In the case of non-faculty, become the property of the College
        2. In the case of faculty without significant College sponsorship, become the property of the faculty member(s)
        3. In the case of faculty with significant College sponsorship (as defined in paragraph 5.2.1.2 above), become the property of the College
  6. Income from Intellectual Property
    1. Intellectual property royalties related to individual efforts by faculty are the sole responsibility and property of the creator(s)/inventor(s).
    2. Net income received by the College through the sale, licensing, leasing or use of intellectual property produced through significant College sponsorship will be shared with the faculty creator(s)/inventor(s) as described in this section. Net income is to be interpreted as that amount of money cumulatively received after deduction of expenses connected with developing the product, and securing and maintaining the copyright, patent, or license. Expenses connected with developing the product could include additional faculty salary for the project-related work, grant match funds, student salaries and facility improvements necessary for the project.
    3. The College will distribute net income (described above) according to the following schedule:
      1. 50% of net income to the creator(s)/inventor(s)
      2. 20% of the net income to the creator's/inventor's discipline to be administered by the appropriate Dean
      3. 30% of the net income to a College-wide Research and Development Fund to be administered by the Vice President for Academic Affairs
    4. Where copyright materials are conceived jointly by two or more creators or inventors, then each of the co-creators/inventors shall share in the gross sums of money referred to above in such proportions as the joint creators/inventors and the Vice President for Academic Affairs agree reflect their respective contributions. If no agreement can be reached, the Vice President for Academic Affairs shall decide the distributions.
  7. Administrative Procedures/Right of Appeal
    1. The administration of the principles and policies set forth herein shall be the responsibility of the Vice President for Academic Affairs. In cases where rights and/or equities are in dispute regarding intellectual property rights of a member of the KSCEA bargaining unit, the dispute shall be resolved according to the College Bargaining Agreement Grievance and Arbitration Article. In cases where rights and/or equities are in dispute regarding an individual not covered by the KSCEA Collective Bargaining Agreement, the Vice President for Academic Affairs shall appoint an ad hoc review committee consisting of three persons. One person shall be selected by the individual(s) to be represented, one by the Vice President for Academic Affairs, and one by the College Senate. This committee shall recommend an agreement that shall take effect unless a further appeal is made by the individual(s) involved or by the Vice President for Academic Affairs. In this event the Review Committee will present the case to the President whose decision shall be final and binding upon all parties.
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