Intellectual Property

Summary 

 A member of the Delta College Community planning to undertake a project to develop intellectual property should become familiar with the Policy and these Procedures before beginning the project.  In the majority of cases, a written agreement will be needed to protect the member's rights, as well as the rights of the College and anyone else involved in the project.

Procedures

Key terms

Intellectual property
Includes works of authorship, inventions and discoveries that may be subject to protection by patents, copyrights, trademarks, service marks and trade secrets. Includes, without limitation: books, texts, articles, monographs, glossaries, bibliographies, study guides, laboratory manuals, syllabi, tests and work papers, lectures, musical compositions, dramatic compositions, unpublished scripts, films, filmstrips, charts, transparencies or other visual aids, video and audio tapes and cassettes, computer programs, live video and audio broadcasts, computerized and computer-assisted instruction materials, Internet course content, programmed instruction materials, multimedia instructional materials, processes and methodologies, drawings, paintings, sculptures, photographs, and other works of art.

Delta College Community ("DCC")
Delta College faculty, staff, students, and/or volunteers.

College
Delta College

College employees
Delta College faculty and staff

Part of an employee's job
Within the scope of the person's employment; acts done in furtherance of duties the person owes to the employer and where the employer is, or could be, exercising some control, directly or indirectly, over the employee's activities.

Commissioned
Specially ordered

Result of College financial support
Work resulting in creation or development of Intellectual Property using College time, staff, equipment, laboratories, physical plant, or other resources.

Substantial College resources
Resources beyond what is normally made available to members of the DCC; this includes work done on College Sabbatical, Special Projects or Released Time.

License
Permission by the owner of Intellectual Property to do something which, without the license, would not be allowable.

Agreements

1. 1. A member of the DCC who creates Intellectual Property on his/her own time, and without the use of College resources, retains full ownership and revenue rights with respect to such work(s).
   2. It is strongly recommended that members of the DCC working jointly on an Intellectual Property project enter into an Agreement with the other persons on the issues of ownership and related rights.
   3. Other than in the circumstance described in (A) above, a member of the DCC planning to undertake a project to develop Intellectual Property must inform the Office of General Counsel prior to the commencement of the project to allow sufficient time for drafting an Agreement to provide legal protection for the work and the rights of the member and the College. In the absence of an agreement, ownership would vest in the College.
   4. Ownership, revenue and use rights [hereafter, "Rights"] in works created by a member of the DCC as part of a project funded by an external entity, such as a state or federal grant, or a grant from a private foundation or agency, shall be expressly defined in the grant documents. If the grant documents do not include such provisions, the College and the member will enter into an Agreement, prior to the commencement of the project, defining such rights. The Agreement will include the following:
      1. 1. a provision on the issues of ownership and use of the work;
         2. a provision on the issue of revenues arising from the work.
   5. Rights in works created by a member of the DCC as part of a project funded by the College, such as Sabbatical Leave, a Special Project grant, or a Released-Time assignment, will be defined by Agreement, between the member and the College, prior to the commencement of the project. The Agreement will include the following:
      1. 1. a provision on the issues of ownership and use of the work;
         2. a provision on the issue of revenues arising from the work;
         3. a provision requiring repayment of the College's investment prior to the member receiving income from said work.
   6. Rights in works created by a member of the DCC which are commissioned by the College, or which are produced with substantial College resources, may be shared with the College, as defined by Agreement, between the member and the College, prior to the commencement of the project. The Agreement will include the following:
      1. 1. a provision on the issue of ownership;
         2.  provision on the issue of revenues arising from the work;
         3. a license provision specifying uses the member may make of said work;
         4. a provision on the issue of repayment of the College's investment.
   7. Rights in works created by a member of the DCC which are part of the employee's job may be shared, as defined by Agreement. The Agreement will include the following:
      1. 1. a provision on the issue of ownership of work;
         2. a provision on the issue of revenues arising from the work;
         3. an express College disclaimer of the ownership interest which current copyright law vests in the College with respect to course notes, lecture notes, laboratory experiment design, textbooks, or other similar works;
         4. a license provision specifying uses the member may make out of said work, and including a perpetual, no-cost, worldwide, nonexclusive license for the College to use, maintain, update and prepare derivative works from the works referred to in (3) above, for use for the teaching and learning activities of the College.
   8. Members of the DCC who involve students or non-full-time employees of the College in the development of Intellectual Property must inform the College of such participation prior to the commencement of the project. The Agreement will include the following:
      1. 1. a provision on the issues of ownership and use of work;
         2. a provision on the issue of revenues arising from the work.
   9. Net income resulting from Intellectual Property developed under this policy shall be divided among the creators of said property, their designated departments/discipline/unit, and the College. Such allocation shall be specified in the agreements referred to above, reflecting the nature, degree, and source of support for the project, and the importance of amply rewarding creativity. In general, net income resulting from Intellectual Property will be allocated among the creator(s), their department(s), and the College, as follows:
      • • 60% to the creator(s);
        • 20% to their designate division/unit;
        • 20% to the College.

These allocations are general guidelines only. The Agreement will dictate the division and allocation of revenues arising from the Intellectual Property developed, based on the nature of the project, resources, the parties involved, and funding advanced, if any.

Timelines
In most cases action is required before the project is begun.  In any case, an inquiry should be made as soon as possible.

Revision/review dates
10/00