Policy No. 5:01:06:00
CLEVELAND STATE COMMUNITY COLLEGE Cleveland, Tennessee
SUBJECT: Intellectual Property
Reference/Sources: TBR Policy 5:01:06:00, Intellectual Property
TBR Guideline, Distance Education and Intellectual Property
Cleveland State is guided in issues relative to intellectual property by the directives and instructions provided in TBR Policy 5:01:06:00, Intellectual Property. The policy should be reviewed by any member of the college community seeking guidance on IP issues. It is applicable to faculty, staff and students. That policy defines significant terms, including “intellectual property”, “invention”, “work”, “net income”, “scope of employment” and the special aspects of “scholarly works”. The policy requires the mandatory disclosure of pertinent information relative to inventions and copyrightable works, and includes forms for the provision of that information.
Upon employment by Cleveland State, faculty and staff are required to sign employment contracts which include a specific provision (Provision 10 in faculty contracts, Provision 7 in staff contracts) wherein they agree to promptly disclose intellectual property, including inventions, conceived, invented, authored or developed by them, either solely or jointly with others, during their employment with the college. As noted, the required disclosure forms are included in the TBR policy. In the same provision, they also agree that all intellectual property developed in the course of their employment shall be the exclusive property of the college, which shall be assigned all rights to the property. TBR does provide for the possibility of employees acquiring partial or sole ownership/property rights through the use of supplemental contracts. The Office of the General Counsel provides three intellectual property agreement templates that may be customized for use following determination of ownership and applicable revenue disbursement.
Factors to be considered in determination of ownership and the division of revenue are identified in the TBR policy. A written agreement between the author/inventor and the college is required.
As specified in the TBR policy, the President of the college “is responsible for decisions regarding ownership of the intellectual property and the decision of whether to pursue patent protection or commercialization (SectionVI.4)”. In the decision-making process, at the discretion of the President, he/she may assembly an advisory committee for input, as well as additional counsel he/she may seek, including the Office of General Counsel. The TBR policy provides for appeal of the President’s decision to the Chancellor. The Chancellor’s decision is final.
Through the Office of General Counsel’s web page on the TBR website, faculty, staff and students have access to considerably more IP information. Through its “Program and Services” heading, one can link to “Intellectual Property Issues”. There one finds links to topics including “IP Basics”, “Patent Basics”, “Copyright Basics”, “Frequently Asked Questions”, “Pertinent Links” and more.
TBR Guideline A-075, Distance Education and Intellectual Property, utilizing some of the information also found in the intellectual property policy, specifically focuses on IP issues as related to distance education, inclusive of on-line programs.
The intellectual property policy and guideline are accessible to all through the TBR web site.
Review: President’s Cabinet, 2/1/13.
Effective/Revised: February 1, 2013