Copyrights and Patents Policy 425.01
Series: 400 Personnel
Johnson County Community College is dedicated to encouraging innovation, creativity and effectiveness in serving students and the community, and the College expects its employees to comply with all laws and Policies/Procedures governing the creation and use of intellectual property. This Policy is intended to define ownership interests of Inventions and Materials developed by JCCC employees, contractors and agents. With respect to employees subject to the Master Agreement, if any provisions of this Policy are inconsistent with the Master Agreement, the terms of the Master Agreement shall control.
"Inventions" means all devices, discoveries, processes, methods, uses, products or combinations, whether or not patented or patentable.
"Material(s)" means all tangible and intangible: work product; discoveries; inventions; improvements; documentation; techniques; methodologies; data; works of authorship; designs; ideas; solutions; instructional (textbooks, course content, tests, homework, etc.), literary, art, dramatic, and musical materials or works; software (code, games, etc.); sound, visual, audiovisual, film or other recordings or transcriptions in any format, and all other materials, published or unpublished, in hard-copy or electronic form.
"College Supported" means Inventions or Material created in whole or in part: i) in conjunction with the normal course of College duties for the employee, agent or contractor (i.e. works made for hire), ii) during JCCC recognized work time, overtime, sabbatical leave or other JCCC granted leave with pay or partial pay, iii) with the assistance of JCCC grant money, and/or iv) with the assistance of equipment, material, software, information or other financial and non-financial resources which are more than nominal.
"Commissioned Works" means Inventions or Material specifically contracted for by the College.
Unless otherwise specified in a contract (including grant awards), the legal title to all College Supported Inventions and Materials and the right to any related proceeds shall be held by JCCC.
When appropriate, formal statutory copyrights shall be obtained for College Supported Inventions and Materials in the name of JCCC. In the case of patents, all applications shall be accompanied by appropriate assignments to assure ownership by JCCC.
II. Inventions and Materials Developed during Outside Consulting Work
Inventions and Materials made or developed by College employees for third party organizations, outside the scope of College duties and without the use of any College resources or information, shall not be considered College Supported or Commissioned, and all rights to such Inventions and Materials shall remain with the individual.
III. College Use of Income from Copyright and Invention Proceeds
Income derived by the College from College Supported Inventions and Materials will be used at the discretion of the Board of Trustees.
Employees and contractors/agents shall be responsible for obtaining appropriate written releases from individuals contributing to or identifiable in the College Supported Inventions and Materials. Written statements may also be obtained from employees and contractors indicating that to the best of their knowledge, Inventions and/or Materials developed do not infringe on existing copyrights or other legal rights.
V. Transfer of Rights
The College may at its discretion assign, transfer, lease or sell all or part of its legal rights in College Supported Inventions and Materials.
VI. Policy Interpretations and Modifications
Inquiries related to this Policy may be directed to the Executive Vice President of Instruction & Operations. This Policy may be modified in whole or in part by the Board of Trustees, provided, however, that such modification will not affect vested rights.