Intellectual Property: Copyrights and Patents

The College’s Name and Trademarks

The name of the College should be used in a faculty member’s title to show institutional affiliation in connection with College-related work made public. The name of the college may not, however, be used for promotional purposes of a commercial nature without the written approval of the President.

Policy on Copyright

Any discovery by any individual who:

makes use of College resources, except library, or made the discovery within the normal field of her/his employment responsibility and activity with the College (hereafter “Discovery”), shall be subject to provisions hereof.

Such individual is hereafter referred to as “Creator”.

Under Federal copyright law a work prepared by a College employee within the scope of her/his employment is a “work-for-hire”. The College, by law, is the owner of copyright in works-for-hire.

In keeping with tradition, the College does not claim ownership of books, articles, and similar works, the intended purpose of which is to disseminate the results of academic research or scholarly study. Such works include those of students created in the course of their education, such as dissertations, papers and articles. Similarly, the College claims no ownership of popular nonfiction, novels, poems, musical compositions, or other works of artistic imagination or of study guides, syllabi, lecture materials, tests or similar items. If title to copyright in works defined within this section vests in the College by law, the College will upon request and to the extent consistent with its legal obligations, convey copyright to the creators of such works. Regardless, works described in this section shall not otherwise be covered by this copyright policy.

Subject to the rights of Inventors of patentable items as described in the College’s Patent Policy, the College shall be the owner of all rights in works, other than those described in Section I C above, created in the course of the creator’s employment, regardless of creator’s location or salary source (specifically including creator’s employment at affiliated hospitals or institutions), or through the use of College resources other than the library, such works shall include but not be limited to: biological material, computer software, computer databases, circuit diagrams, integrated circuit chips, prototype devices, equipment, videotape, lectures or other instruction.

Under the Copyright Act, commissioned works of non-employees are owned by the creator and not by the commissioning party, unless there is a written agreement to the contrary. College personnel must, therefore, require contractors to agree in writing that copyright ownership is assigned to the College. Examples of work which non- employees may be commissioned to prepare are: illustrations or designs, artistic works, architectural or engineering drawings, forwards and introductions, computer software and reports by consultants or subcontractors.

The Copyright and Patent Committee (Technology Development Committee) shall administer this policy, and make recommendations concerning the relinquishment of College rights as contemplated in Section VII hereof.

The Copyright and Patent Committee, subject to the approval of the President, shall make such rules and regulations and issue such instructions as may be necessary to implement this policy.

Any person who during her/his association with the College, shall create any work, or obtain a commissioned work, subject to this policy shall report the same promptly to the Copyright and Patent Committee in writing and in reasonable detail and shall cooperate with that Committee in effectuating this policy.

The College will make such efforts as it deems reasonable to determine potential commercial use and contribution to the public good of the work. When, in the judgment of the College, there appears to be sound basis for proceeding, the College will at its sole expense obtain Federal registration of the copyright. Subject to the provisions of Paragraph VI, should the College determine that there is no reasonable potential for commercial use and no reasonable potential for contribution to the public good, it will assign to the employee/creator, and may assign the non-employee/creator, all rights in the work and relinquish any claim thereto. Such determination will be made within a reasonable time.

As soon as practicable following copyright registration, the College will market the work or will move to grant an exclusive license, or one or more non-exclusive licenses, to market the work. As a general policy, the College does not sell or assign copyrights. If, within a reasonable time, the College has not marketed or granted a license to market the item, then, if requested by the creator, all rights in and to the copyrighted work will be transferred to the employee/creator and may be transferred to the non- employee/creator.

Income derived from retained copyrights shall be distributed as follows:

Expenses incurred by the College in copyright registration, licensing and in otherwise protecting the copyright, shall constitute the first charge against any income derived from the copyright.

Thirty percent (30%) of the Net Income, in the aggregate, shall be distributed to the creator. In the case of commissioned works, the creator’s share shall be divided equally between the Department and the office commissioning the works. Thirty percent (30%) of the Net Income, in the aggregate, shall be credited in an account for the creator. Twenty percent (20%) of the Net Income, in the aggregate, shall be credited to the Department(s) or Program(s) in which the creator serves.

Twenty percent (20%) of the Net Income shall be credited to a restricted fund to be controlled by the President of the College and disbursed at her/his direction or the direction of her/his designee. It is contemplated that these resources will be employed to encourage and assist the development of new copyrightable works or for other appropriate and related purposes.

In the case of works created using Federal funds, royalties distributed other than to the creator shall be solely for the purpose of research and education.

The term creator shall include multiple creators and, in the case of multiple creators, the applicable royalty percentage shall be divided equally among them. Their Departments and Schools or Divisions shall also divide the applicable percentage equally.

With respect to funds allocated to them hereunder, except as required by law or regulation, neither the Department nor School shall be restricted as to the use thereof but it is contemplated that consideration will be given to the activities of the creator and to the programs of the Department or Departments.

In any case in which another institution or an outside person or agency is entitled to share in the income derived from the copyrighted work:

An amount, in the aggregate, equal to forty percent (40%) share of the Net Income received by the College shall be distributed to the Spelman creator. (In the case of a commissioned work, the creator’s share will be divided equally between the Department and Division commissioning the work.), Any remaining income to the College shall be divided accordingly: one-third (1/3) to the Creator; one-third (1/3) to the President; one- sixth (1/6) to the Chair of the Creator’s Department; and one-sixth (1/6) to the Dean/Director of the Creator’s unit.

When the subject matter of the copyrightable work shall be affected by any grant or contract to or with the College, or by legislation, those elements shall control; and the provision of this policy shall be deemed to be amended to the extent necessary to give effect to such elements.

When the College’s contribution to the work shall have been insignificant, the President of the College shall be authorized, with the concurrence of the Copyright and Patent Committee, to relinquish in whole or in part the rights of the College with respect thereto. Should conditions or an applicable grant or law require it, concurrence of the Federal government must be secured. Further, the President of the College shall be authorized to alter or modify the allocation of income from copyrights as set out in Paragraph V, when she/he shall be advised by the Copyright and Patent Committee that special circumstances justify such action.

This policy becomes effective following adoption by the Trustees of the College and shall apply to all works of which notice is given to the College on and after said date. Upon request of the creator, the Copyright and Patent Committee may apply this policy retroactively if authorized by the President of the College.

Acceptance of the College’s Copyright Policy as prescribed herein shall be a condition of employment.

Civil penalties. Violations of copyright law expose the company and the responsible user(s) to the following civil penalties:

Liability for damages suffered by the copyright owner

Profits that are attributable to the copying

Fines up to $100,000 for each illegal copy

Criminal penalties

Violations of copyright law that are committed “willfully and for purposes of commercial advantage or private financial gain” expose the College and the user(s) responsible to the following criminal penalties:

Fines up to $250,000 for each illegal copy

Jail terms of up to five years.

 

College Patent Policy

Any discovery by any individual who:

makes use of College resources, except library, or

made the discovery within the normal field of her/his employment responsibility and activity with the College without regard to location or salary source (specifically including individuals employed at affiliated hospitals and institutions), shall be subject to the provisions hereof.

Such individual shall be refered to as “Inventor”.

Acceptance of the College’s patent policy, as hereafter prescribed, shall be a condition of employment.

The President of the College shall appoint a special College Committee on Patents to advise her/him on patent matters, administer the policy, and make recommendations concerning the relinquishment of College rights as contemplated in Paragraph VII hereof.

The Copyright and Patent Committee, subject to the approval of the President, shall make such rules and regulations and issue such instructions as may be necessary to implement this policy.

All rights in a discovery by an Inventor shall be assigned to Spelman College; provided that such obligation to assign shall be subject to waiver, as hereinafter set out.

Any Inventor who during her/his association with the College, shall make any discovery subject to this policy shall report the same promptly to the Copyright and Patent Committee in writing and in reasonable detail and cooperate with the Copyright and Patent Committee in making a determination of rights in the item.

Unless and until the decision is made that the College will not retain the patent rights, the College will defray all expenses involved in the preliminary investigations and related to the patent applications; and the Inventor shall execute in favor of the College all assignments considered by the counsel of the College to be necessary for effectuating this policy.

The College will make reasonable efforts to determine the potential commercial use and patentability of the discovery and will seek to make such contractual arrangements as may be appropriate for development of commercial use. When, in the judgment of the College, there appears to be sound basis for proceeding, the College will cause an application for patent to be filed and prosecuted, at no expense to the Inventor. Subject to the provisions of Paragraph VI, should the College determine that there is not reasonable potential for commercial use and no reasonable potential for contribution to the public good, it will, when possible, return to the Inventor all rights in the discovery and relinquish any claim thereto. Such determination will be made within a reasonable time, and in any event, within one (1) year from full disclosure of the discovery to the College.

Following disclosure of discovery to College, the College will move to grant an exclusive license, or one or more non-exclusive licenses, to market the item. As a general policy the College does not sell or assign patent rights. If within a reasonable time, the College has not granted a license to market the item, then, at the request of the Inventor, all rights in and to the patent will be transferred to her or him.

The College and the Inventor may by agreement elect to have a different procedure followed; e.g., employing the service of Research Corporation, etc.

Income derived from retained patents shall be distributed as follows:

Expenses incurred by the College in preliminary investigations in filing and presenting the application for patent, licensing and in otherwise protecting the patent rights, shall constitute the first charge against any income derived from the patent rights.

Thirty percent (30%) of the Net Income, in the aggregate, shall be distributed to the inventor.

Twenty percent (20%) of the Net Income, in the aggregate, shall be credited in an account for the inventor and be used to support the inventor’s research.

Fifteen percent (15%) of the Net Income shall be credited to the Department or Departments in which the inventor serves.

Twenty percent (20%) of the Net Income shall be credited to a restricted fund to be controlled by the President of the College and disbursed at her/his direction or the direction of her/his designee. It is contemplated that these resources will be employed to encourage and assist the development of new patents or for other appropriate and related purposes.

In the case of federally funded discoveries, royalties distributed other than to the Inventor shall be used solely for purposes of research and education.

The term Inventor shall include multiple inventors and, and in the case of multiple inventors, the applicable royalty percentage shall be divided equitably among them. Their Departments, Programs and Divisions shall also divide the applicable percentage equally.

With respect to funds allocated to them hereunder, except as required by law or regulation, neither the Department nor the School shall be restricted as to the use thereof, but is contemplated that consideration will be given to the activities of the inventor and to the programs of the Department or Departments.

With respect to any patent matter in which another institution or an outside agency shall share in the income derived from the patent rights:

An amount, in the aggregate, equal to thirty percent (30%) share of the Net Income received by the College shall be distributed to the Inventor;

Any remaining income to the College shall be divided accordingly; one-third (1/3) to the Inventor’s research; one- third (1/3) to the President; one-sixth (1/6) to the Chair of Inventor’s department; and one-sixth (1/6) to the appropriate Associate Provost.

When the subject matter of the patent shall be affected by any grant or contract to or with the College, or by legislation, those elements shall control; and the provisions of this policy shall be deemed to be amended to the extent necessary to give effect to such elements.

When the College’s contribution to the discovery shall have been insignificant, the President of the College shall be authorized, with the concurrence of the Copyright and Patent Committee, to relinquish, when possible, in whole or in part the rights of the College with respect thereto.

Should conditions of an applicable grant or law require it, concurrence of the Federal government must be secured. Further, the President of the College shall be authorized to alter or modify the allocation of income from patent rights as set out in Paragraph V, when he shall be advised by the Copyright and Patent Committee that special circumstances justify each action.

This revised policy shall supersede the policy heretofore existing and become effective following its adoption by the Trustees of the College and shall apply to all discoveries of which notice is given to the College on and after the adoption date. This policy will be applied retroactively to all existing and/or pending patents.

The policy shall not be construed in any way as having an application to copyrights.

Policy No.  090