Faculty Handbook & Constitution - Lee University

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LEE UNIVERSITY FACULTY HANDBOOK & CONSTITUTION• Copyright – a set of legal rights in an original work of authorship that has beenfixed in a tangible medium of expression from which it can be perceived,reproduced, or otherwise communicated, either directly or with the aid of amachine or device. Copyright includes a bundle of rights: the right to makereproductions of the work, the right to distribute copies of the work, the right tomake derivative works based upon the work, and the right to display or performthe work in public.• Intellectual Property Agreement – an agreement to be signed by faculty,students and employees (collectively referred to herein as “University Personnel”)which is to be signed by all University Personnel and which constitutesacceptance by such Personnel of the application of this Policy and theiragreement to comply with its terms in regards to the ownership of IntellectualProperty.• Courseware – The electronic platform (developed, purchased, rented, orotherwise licensed by the university) for the electronic delivery of class materials.Courseware includes the delivery of university property such as course syllabi, thebasic structure of the course, and standard, appropriate, department tools orcontent that is understood to be the property of Lee University. Integration ofthese materials constitutes a Courseware shell.• Trademark – a word, symbol, design or device (or any combination thereof) thatidentifies the source of goods or services. A Trademark may be registered orunregistered.• Trade Secret – confidential information, including a formula, pattern, compilation,program, device, method, invention or discovery technique or process, whichderives independent economic value from not being generally known or readilyascertainable by others, and is the subject of reasonable efforts to maintain itssecrecy.• Author – a person who creates a copyrightable work.• Tangible Research Property (TRP) – research results in their physical form, andincludes, but is not limited to, software, biological organisms, reagentscompositions of matter, instruments, machines or devices, and other property thatcan be physically distributed. Tangible Research Property may be subject toIntellectual Property rights.• Sponsored Research Agreement (SRA) – a contract between the Universityand a sponsoring organization that sets the terms and conditions for the conductof a research or training project. An SRA typically includes a description of thework to be performed, the terms of payment, use of data, ownership of intellectualproperty, publication rights, and other legal assurances.• Royalties – all consideration of whatever kind received from the sale, license, orother transfer of Intellectual Property rights by the University to another entity,usually a company. Royalties include, but are not limited to, percentagepayments, up-front fees, milestone payments, shares of stock, and any otherfinancial or in-kind consideration.• Data – all notes, workbooks, prototype drawings, or information, in a tangibleform, related to research or inventions.• Intellectual Property Review Board – the board, when needed, is appointed bythe VPAA with recommendations from the Deans Council.7 - 28 Academic Policies and Procedures
_LEE UNIVERSITY FACULTY HANDBOOK & CONSTITUTIONIII. CopyrightThis Policy addresses Copyright ownership, the assignment of rights associated withCopyright ownership, licensing of those rights, and the distribution of any Royaltiestherefrom. The University encourages the preparation and publication of copyrightableworks that result from teaching, research, and scholarly and artistic endeavors bymembers of the faculty, staff and student body. The University’s general policy is topermit faculty members to retain primary control over their works. However, the sharingof knowledge is central to the success of the University and Copyright policies shouldencourage, not inhibit, productive work. Thus, Copyright ownership is treated as adivisible bundle of rights to be allocated among different parties to promote learning andthe sharing of information.A. Ownership of Copyrighted Works1. In keeping with academic tradition, except to the extent required by the termsof any grant or Sponsored Research Agreement, the University does not claimownership of the Copyright in pedagogical, scholarly or artistic works,regardless of their form of expression. Such works include, but are not limitedto, novels, poems, musical compositions, popular nonfiction, textbooks,course materials, refereed literature, recordings, audio/visual productions andmost works created by students in the course of their education, such asdissertations, theses, papers and journal articles (subject to paragraph XIbelow).2. Authors of teaching and classroom materials, such as class notes, curriculumguides, or laboratory notebooks, shall retain ownership of the Copyrighttherein, but shall grant the University a non-exclusive, Royalty-free, perpetuallicense to use, display, copy, and distribute such works, and preparederivative works based upon such works, for internal University use.3. The University is the Author of all copyrighted works, including Software,Courseware, or other electronic media, that are created for an institutionalpurpose in the course of employees’ prescribed duties. These includesimultaneous or sequential contributions over time by numerous faculty, staff,or students. Accordingly, works that are created as part of a faculty member’sindependent research or scholarship are not owned by the University.Whether a copyrighted work is owned by the University depends upon thepurpose for which the work is created and not the form of its expression.4. The emergence of the World Wide Web has led to a new category of workcalled Courseware. Lee University recognizes the intellectual property rightsof the faculty member (who partners with the university in development ofCourseware content) as the owner of materials incorporated into oraugmenting the approved university Courseware shell (see definitions.)These incorporated materials are defined as, but are not limited to: lecturenotes, examinations and quizzes, handouts, presentations, and the like.Developing Courseware requires the contribution of extraordinary Universityresources, including, but not limited to, technical support staff, computerprogrammers, legal and business counsel, computer hardware and software,and Internet access. Whereas the University provides such resources toAuthors of Courseware shells, authors shall assign their rights in/for suchCourseware shells to the University in exchange for the compensationdescribed in section VII below. This compensation is deemed for7 - 29 Academic Policies and Procedures
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Faculty Handbook & Constitution - Lee University

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