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Copyrights and Patents Policy 425.01

Copyrights and Patents Policy 425.01
Johnson County Community College
Series: 400 Personnel
Section: Property

Applicability: This Policy applies to all Johnson County Community College (“JCCC” or the “College”) employees. If an employee is subject to the Master Agreement and any provisions of this Policy are inconsistent with the Master Agreement, the terms of the Master Agreement shall control.

Purpose: The purpose of this Policy is to define ownership interests of Inventions and Materials developed by JCCC employees, contractors, and agents.

Definitions:

"Inventions" means all devices, discoveries, processes, methods, uses, products or combinations, whether or not patented or patentable.

"Materials" 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, artistic, 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visual, audiovisual, film or other recordings or transcriptions in any format; and all other materials, published or unpublished, in hard-copy or electronic form.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 Materials created in whole or in part: (1) in conjunction with the normal course of College duties for the employee, agent, or contractor (i.e., works made for hire); (2) during JCCC recognized work time, overtime, sabbatical leave, or other JCCC-granted leave with pay or partial pay; (3) with the assistance of grant money obtained by JCCC; or (4) with the assistance of equipment, material, software, information, or other financial or non-financial resources which are more than nominal.

"Commissioned Works" means Inventions or Materials specifically contracted for by the College.

Statement:

The 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 and procedures governing the creation and use of intellectual property.

I. Ownership

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 will 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.

IV. Releases

Employees, contractors, and agents shall be responsible for obtaining appropriate written releases from individuals contributing to or identifiable in College Supported Inventions and Materials. Written statements may also be obtained from employees, contractors, or agents indicating that to the best of their knowledge, Inventions and 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 copyright librarian. 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.

Date of Adoption:
Revised: 12/17/2015, 06/21/2018, 04/20/2023