Copyrights and Patents - 425.01

Johnson County Community College
Series 400: Personnel
Section 425: Intellectual Property

1. Purpose

Johnson County Community College is dedicated to encouraging innovation, creativity, and effectiveness in serving students and community. This policy is intended to protect the interest of a staff member whose originality may yield monetary rewards while at the same time protecting the interests of the college and the community it represents.

2. Definition of Terms

As used in this policy, the following terms have the meaning indicated:

a. "Inventions" means all devices, discoveries, processes, methods, uses, products or combinations, whether or not patented or patentable at any time under the Federal Patent Act as now existing or hereafter amended or supplemented.
b. "Written materials" means all instructional, literary, art, dramatic, and musical materials or works and all other materials, published or unpublished, whether or not copyrighted or copyrightable.
c. "Recorded materials" means all sound, visual, audiovisual, films or tapes, videotapes, computer programs, kinescopes or other recordings or transcriptions, published or unpublished, whether or not copyrighted or copyrightable.
d. "Materials" means written materials and recorded materials.
e. "College personnel" means part-time and full-time employees, all other agents of the college.
f. "College support" means but is not limited to release time, grant money, equipment, material or financial assistance, or that which is developed as part of the employee's course of duties. The significance of college assistance will be determined by a Copyright and Patent Committee, subject to review by the college president and the Board of Trustees.
g. "Classroom(s)" means all physical spaces and environments under the jurisdiction of the college that are assigned, scheduled, or otherwise designated as instructionally related facilities of the college.
h. "Commissioned" means authorized in writing to perform a specific assignment and relieved of normal duties and responsibilities during the time specified in the commission as defined in these policies and implementing procedures.

3. Inquiry to the Copyrights and Patents Committee

To ascertain whether any inventions or materials college personnel are planning to prepare, preparing, or have prepared, will be considered college supported, as set forth in this policy, college personnel shall initiate an inquiry to the college Committee on Copyrights and Patents, hereafter called the "Committee" (which shall have the responsibilities as described in implementing procedures) to which inquiry the committee will respond.

4. Ownership and Equity

The following shall be used as a guideline in determining the ownership, use, and distribution of proceeds from inventions and materials as defined in Section 2 above.

a. The college intends to protect the interest of college personnel in relation to original ideas and work which may have monetary value as well as public interest to assure that public funds and property are not used for personal gain.

b. The Johnson County Community College recognizes that ownership and proceeds resulting from materials and inventions when not commissioned by the college, and the preparation of which were not supported or assisted in any material way by the college, belong to those who created such materials and inventions.

c. The college further recognizes that materials and inventions may be produced by college personnel under college support as part of the employee's course of duties, release time, grant money, equipment, or other material or financial assistance.

d. The legal title to all materials and inventions as defined in Section 2 above shall be held by Johnson County Community College when developed through college support or when commissioned, provided, however, materials and inventions produced under grants from the federal government or other agency, public or private, shall be subject to the conditions of the contract or grant with respect to ownership, distribution and use, and other residual rights, including net proceeds; and provided further, ownership to written materials generated as a result of individual initiative, and not as a specific college assignment, and where only incidental use of college facilities or resources are employed, should normally reside with the author, subject to the provisions of Section 4.e. below.

Where feasible, formal statutory copyrights shall be obtained for materials in the name of Johnson County Community College. In the case of patents all applications shall be accompanied by appropriate assignments to assure ownership in the community college.

e. Net proceeds resulting from inventions and materials shall, as between the Johnson County Community College and the college personnel involved, be divided as follows:

(1) 25% of all net proceeds from the sale or licensing of college-supported written materials will go to the college, and 75% will be retained by the originating college personnel.
(2) 75% of all net proceeds resulting from the sale or licensing of recorded materials and inventions will go to the college and 25% will be retained by the originating college personnel.

f. The net proceeds derived from inventions and materials shall mean the gross receipts therefrom (including, but not limited to, rents, royalties, dividends, earnings, gains, and sale proceeds), less all costs, expenses, and losses paid or incurred by the Johnson County Community College in connection therewith (including, but not limited to, all direct costs and expenses, indirect costs and expenses, as allocated and determined by Johnson County Community College, and the costs and expenses of obtaining and securing patents or copyrights, and all attorneys' fees).

g. When the college commissions the development work, the college shall have all rights to the proceeds in inventions and materials.

h. Variances to the policy as herein stated may be granted pursuant to the implementing procedures.

5. Inventions and Materials Developed by Consulting Work

Inventions and materials made or developed solely in the course of consulting work performed by college personnel for outside organizations, for which written approval of the president of the college or his/her designee has been obtained, shall not be considered as having been college supported or college commissioned; and all rights to such inventions and materials, other than those involving the substantial use of college funds or facilities, shall remain with the individual unless otherwise provided in the president's approval.

6. College Use of Income from Copyright and Invention Proceeds

The college share of income derived from proceeds in any materials and inventions will be used at the discretion of the Board of Trustees.

7. Releases

College personnel shall be responsible for obtaining appropriate written releases from individuals identifiable in, or in some manner requested to participate in the creation of college-supported materials. Written statements shall also be obtained from appropriate college personnel indicating that to the best of his/her knowledge, any of the materials developed do not infringe on existing copyrights, or other legal rights.

8. Transfer of Rights

The college may at its discretion assign, transfer, lease or sell all or part of its legal rights in inventions and materials.

9. Amending Policy

This policy may be amended or rescinded in whole or in part at any time by the Board of Trustees, provided, however, that such change will not affect vested rights.

10. Copyrights and Patents Committee

The Copyrights and Patent Committee shall be composed of not less than three (3) persons appointed by the president of the college as he/she shall from time to time determine necessary.

Date of Adoption:
Revised: