This Intellectual Property Policy clarifies the rights and responsibilities of Adventist University of Health Sciences (”University”); its faculty, staff, and students; and non-employees, such as consultants.
1. Definitions
1.1. “College Works” are copyrighted works (including on-line instructional materials) that were, (i) created with substantial use of University resources, financial support, or University personnel beyond the level of common resources provided to faculty and staff; (ii)created as part of the creator’s primary job responsibilities; (iii) created or commissioned for use by the University; or (iv) created under the terms of a sponsored project where the terms of the sponsored project require that copyright be in the name of the University.
1.2. “Copyrighted Intellectual Property” or “Copyrighted Work” describes original works of authorship that have been fixed in a tangible medium of expression, including books, articles, artwork, music, software, traditional or electronic correspondence, and on-line instructional materials that are likely to be subject to protection under United States copyright law.
1.3. “Creators” are any persons who create intellectual property using University resources.
1.4. “Patentable Intellectual Property” or “Patentable Work” describes inventions, discoveries, and manufacturing designs that have been reduced to practice, and are novel, useful, and non-obvious, and therefore likely to be subject to protection under United States patent law.
2. Intellectual Property Ownership
2.1. Rights of the University – College Works shall constitute a "work made for hire" as defined by federal law. However, as set forth under the Licensing and Revenue Sharing provisions below, creators of works that constitute works-for-hire may share in revenues arising from their creation.
Ownership in any patentable work originating from creators shall rest with the College. As set forth under the Licensing and Revenue Sharing provisions below, creators of patentable works may share in revenues arising from their creation.
Notwithstanding the foregoing, ordinary use of University resources such as the library, one’s office, desktop computer and University computer infrastructure, and secretarial staff and supplies, is not considered to be substantial use of such resources for purposes of vesting the University with ownership in a work.
Where the University owns the Copyrighted Work or Patented Work, it may, in its sole discretion, acknowledge creators (including creators of works-for-hire) who have made a substantial creative contribution to the work.
2.2. Rights of Faculty and Staff – In keeping with longstanding academic custom, the University recognizes creator ownership of copyright in traditional works of authorship created by faculty and staff, such as textbooks, other works of nonfiction and novels, articles, or other creative works, such as poems, musical compositions, and visual works of art, whether such works are disseminated in print or electronically, unless the works meet the criteria for University ownership given above.
2.3. Rights of Students – Students retain ownership in any work created as part of a class at the University. University personnel must obtain permission before copying or distributing a student’s work. However, students grant the University permission to submit their work to a service such as Turnitin to check for plagiarism.
2.4. Commercial Distribution of Creator-owned Works -- A faculty member, or other creator, who owns the copyright in his or her works under this Policy, other than course content or courseware, may commercialize those works, without the authority or permission of the University, so long as the University’s name is not used in connection with works so made available, other than to identify the creator as an officer of instruction or employee at the University.
2.5. Non-commercial Distribution of Creator-owned Works -- A faculty member, or other creator, who owns the copyright in works under this Policy, other than course content or courseware, may make the work freely available on non-commercial terms (that is, without remuneration to the author), for free or commercial redistribution, without the authority or permission of the University, so long as the University's name is not used in connection with works so made available, other than to identify the creator as an officer of instruction or employee at the University.
With respect to creator-owned course content and courseware, the creator may make the work freely available for academic and scholarly use, without the authority or permission of the University, to recipients who agree that they will not make commercial use of the material, so long as the University's name is not used in connection with works so made available, other than to identify the creator as an officer of instruction or employee at the University.
2.6. Categories of Works -- The following description of various categories of works indicates which works would generally fall into the categories of works in which ownership rests with the University.
2.6.1. College Works
Copyright in College Works is owned by the University.
- Examples of College Works are journals, periodicals, yearbooks, compendia, anthologies and films published by departments or programs within the University (even if the individual components do not constitute College Works), and works created for a specific University use. Works created by employees at the direction of the University for University purposes, such as materials for administrative use and computer software created by non-faculty University programmers for use by the University, are works-for-hire as defined by federal copyright law, and the University owns the copyright in such works.
- College Works also include some works produced as a collaborative effort under the aegis of a program or department; for example:(i) works created in a project initiated by a program or department, or (ii) works that are created and then developed and improved over time by a series of individuals, where authorship cannot be attributed to any one individual or group of individuals. An example of the latter would be certain kinds of software which are developed and then improved and updated over time by multiple creators.
However, not all works that are created as a result of a collaborative effort among a number of individuals would necessarily be considered College Works. As with other kinds of copyrightable works, the facts and circumstances of each case must be reviewed in order to determine whether the University would claim copyright ownership in accordance with this Policy.
2.6.2. Course Content and Courseware
Copyright ownership rights and control of course content and courseware are determined by the criteria given in 1.1 and 1.2. "Courseware" is the set of tools and technologies used to present course content, and are independent of the content itself. "Course content" is the intellectual content of the course, as taught at or through the University. As creation of courseware and course content are generally part of the creators’ primary job responsibilities, copyright is usually owned by the University. However, copyright for any courseware or course content that results from a project, the contents of which a faculty or staff member would expect to own, is owned by the creator.
- Videotapes and recordings - Ownership rights in videotapes or other recordings of all courses, and the parts thereof, that are made at University expense rest with the University. Ownership of the videotape or recording itself does not mean that the University claims rights in the intellectual content presented on the tape or recording. Copyright ownership in the content is governed by the principles set forth above.
- Use of course content and courseware at University - Independent of copyright ownership, a faculty member has the right to use all course content and courseware he or she develops or creates in the normal course of teaching or research at University. This right includes the right to make changes to the works and the right to distribute such works to University students, faculty, and staff for teaching, research, and other non-commercial University purposes.
- Use of University course content and courseware outside of University: commercialization – A faculty member, notwithstanding copyright ownership, may not commercialize course content or courseware created or taught at the University, without the approval of the President.
- Use of University course content and courseware after departure from University - If a faculty member leaves the University, he or she may continue to use at another academic or not-for-profit research institution for teaching, research, and other non-commercial purposes, all course content and courseware he or she created or taught at University, independent of ownership, provided the Adventist University name is not used in connection with the course content or courseware. A former faculty member may not commercialize any course content or courseware owned by University. A former faculty member is free to make commercial use of course content and courseware that he or she owns the rights to, provided the Adventist University name is not used in connection with the course. The former faculty member who owns the copyright in course content or courseware accords the University the irrevocable, nonexclusive right to continue using, as part of its non-commercial educational activities, all course content and courseware that the faculty member made available to others while teaching at the University; e.g., material given to students. This right includes the nonexclusive right to incorporate such course content and courseware into other University courses.
2.6.3. Works that Use the University Name
Use of the University name in connection with a work, other than by way of identification of the creator as a faculty member, researcher, other employee or student at University, is itself use of a significant University resource, thus triggering an interest on the part of the University. Additionally, use of the University name can affect the reputation and academic standing of the institution. Faculty members, researchers, other employees (as well as their respective departments and programs), and students may not participate in the creation or use of works that might give the impression of University sponsorship where there is none. Any use of the University name (other than to identify the creator by his or her title at University) in connection with a work created by a faculty member, researcher, or other employee must be approved in advance by the President.
Similarly, if the name of the University is to be used in connection with any works created under collaborative agreements with outside entities (other than to identify the creator by his or her title at University), such agreements must be approved in advance by the President.
2.6.4. Software
Ownership of both patentable and nonpatentable software is determined by the criteria in sections 2.1 and 2.2 of this Policy.
2.6.5. Discoveries, Inventions, and Other Patentable Works
Patentable works created by University faculty and staff are owned by the University, in accordance with Section 2.1 of this Policy.
2.6.6. Work Arising out of Consulting Agreements and Other Outside Activities
As set forth in the University Policy on Other Professional Employment, faculty members may engage in outside activities with permission of the appropriate Department Chair or Administrator. No use of University resources, financial support, or other University personnel may be made in the course of permitted outside activities. If a creator does not make any use of University resources in the course of his or her outside activities and complies with other applicable University policies, the University does not assert rights in works resulting from such activities.
2.6.7. Works by Non-employees
The ownership of works prepared for and at the request of the University by non-employees, such as consultants or subcontractors retained by the University shall be governed by a written agreement prepared on a case-by-case basis.
3. Administration of Policy
3.1. Licensing and Revenue Sharing – The University, through the President’s Office and with the assistance of the University’s legal counsel, will provide appropriate services, including legal services, to commercialize works covered by these licensing and revenue sharing provisions. Any decisions concerning commercialization of the work will be made in consultation with the creator. The creator and the University will bring to the other’s attention any licensing or other commercialization possibilities of which either becomes aware.
Works covered by these licensing and revenue-sharing provisions include any works designated as works-for-hire under section 2.1 of this Policy, excluding courseware and course content, and any patentable works. The decision of whether or not to share any revenues that arise from the commercialization of such works with the creators, along with the exact distribution of such funds, will be made by the University president on a case-by-case basis.
The licensing of books, articles, and other non-institutional works described in section 2.2 is under the control of the faculty or staff members creating such works. However, if any article or other such work is to be published, the creator shall seek to reserve the right to provide the University with a royalty-free right to use a reasonable portion of the published work within the University for teaching, research, and other non-commercial University purposes. If the creator is successful in retaining such right, the creator shall grant such right to the University.
Faculty and staff members are entitled to any revenues derived from the application of expertise acquired during the creation of a work owned by the University; e.g., professional presentations or consulting.
3.2. Responsibilities of Creators -- In order to ensure that a proper determination of ownership is made, creators will promptly disclose to the University all works in which the University may claim or assert rights under this Policy. Part of the disclosure by creators shall include a disclosure of the circumstances under which the work was created, a description of any University resources that were used, and any financial or other relationship with a third party that might affect the University’s rights in the work (for example, any consulting agreements or third party funding agreements pursuant to which a work was created).
If the creator is uncertain whether the University would claim copyright ownership in a work, the work should be disclosed.
Creators will cooperate with the University in protecting ownership and other proprietary rights in the works (for example, executing assignments to the University and any other necessary documents).
The disclosure requirement does not presuppose copyright ownership by the University, and creators are not surrendering any of their rights by disclosing works of authorship. A discloser allows the University to work to protect the rights of everyone involved. Ownership of a work will be decided in accordance with this Policy.
3.3. Intellectual Property Agreement -- This Policy constitutes an understanding that is binding on the University, and on its faculty, staff, students, and other covered individuals as a condition of their participating in University research, educational and other programs, or their use of University facilities or resources. The University may require formal agreements to implement the Policy as appropriate, but the absence of such executed agreements shall not invalidate the applicability of the Policy.
3.4. Transfer of Intellectual Property to Creator -- The creator of a work may request that the University transfer ownership in the work to the creator, subject to an irrevocable royalty-free license to the University to use the work for its own non-commercial purposes. Such a request must be made to the President. In certain circumstances, the University may require reimbursement by the creator for out-of-pocket expenses the University has incurred in connection with the work, including legal and marketing expenses (if any). The University will act as expeditiously as reasonably possible in considering such requests by creators. Notwithstanding the foregoing, final decisions regarding transfer of Intellectual Property to Creator shall be made in the sole discretion of the University.
3.5. Making University-owned Works Freely Available to the Public -- If a creator of a work whose copyright is owned by the University, including a creator of a work-for-hire, wishes to make a work freely available to the public, through non-commercial licensing or other means, the University, subject to the terms of any applicable agreements with third parties under which the work was created, will accommodate such wishes as long as it determines that the benefits to the public of making such works freely available outweigh any advantages that might be derived from commercialization. The University will act as expeditiously as reasonably possible in making such determination.
Adventist University’s Intellectual Property Policy is based on policies adapted, with permission, from Barnard College.
