The Ithaca College Intellectual Property Policy Proposed Revisions Faculty Council Presentation October 1, 2013 The History The Intellectual Property Committee (IPC) convened during the 2011 spring semester and again during the 2012 spring semester to conduct a comprehensive review of the college’s Intellectual Property (IP) Policy. Before this time, the most recent revision of the policy was in 2001 and there had been no formal evaluation of the policy in light of significant developments in technology and distance learning. In addition, the ownership rights related to IP produced exclusively or in collaboration with students had not previously been addressed by the policy. The 2011 Committee Traevena Byrd, Associate General Counsel Diane Gayeski, Dean, Park School of Communications Rob Gearhart, Associate Dean, Graduate and Professional Studies Paul Hamill, Director of Gifts and Sponsored Programs, Institutional Advancement Bashar Hanna, Associate Provost Michael Pagliarulo, Professor, Physical Therapy Alex Perialas, Assistant Professor, Music Performance Scott Ulrich, Associate Professor, Chemistry Patty Zimmermann, Professor, Park School of Communication The 2012 Committee Traevena Byrd, Associate General Counsel Diane Gayeski, Dean, Park School of Communications Rob Gearhart, Assistant Provost for Online Learning and Extended Studies Amy Gerney, Assistant Professor, Occupational Therapy Ari Kissiloff, Assistant Professor, Strategic Communication Alex Perialas, Associate Professor, Music Performance Peter Rothbart, Professor, Music Theory, History & Composition Scott Ulrich, Associate Professor, Chemistry Significant Substantive Changes Amends and clarifies the purpose and scope of the policy: Defines the term “employee” with regard to faculty, staff and students Extends policy coverage to students who are engaged in certain activities within the College Separates policy statements on conflicts of interest and research misconduct Significant Substantive Changes Purpose and Scope, continued: Removes “promotion of employee entrepreneurship” as a primary aim of policy Removes requirement that employees have primary allegiance to the institution in their commercial pursuits Significant Substantive Changes Updates the list of possible patentable creations Establishes procedures for the submission and review of invention disclosures: Clarifies areas of responsibility for review and disposition of invention disclosures Establishes timeframes for stages of review and notification Clarifies inventor rights if College defers Significant Substantive Changes Former “General Provisions” section was removed and incorporated elsewhere in the policy Proposed section 2.20.2 is now “Royalty Sharing” (formerly section 2.20.3) Significant Substantive Changes Former “Royalty Sharing” section is now moved to 2.20.2 Updates the royalty sharing schedule to allow for Inventors to keep a larger percentage of the accumulated net income Removes departmental share in royalty sharing schedule but adds a reference that it is to be incorporated into the College’s share at the discretion of the Provost and the VP for Finance and Administration Significant Substantive Changes Former “Copyrights” section is now moved to 2.20.3 Defines “substantive use” of College resources more specifically Significant Substantive Changes Clarifies faculty copyrights Updates the list of possible copyrightable works Clarifies college ownership of course information that is submitted for institutional approval as separate from faculty ownership of intellectual property of the course Significant Substantive Changes Clarifies student copyrights Confirms that students own copyright to their work that is designed and produced as part of a course or other academic requirement, or is substantially designed by a student or students under faculty supervision outside of an academic context Significant Substantive Changes Clarifies student copyrights Clarifies that the College owns copyright to students’ work that is designed or produced outside of a course and is not created within the context of an academic requirement, but is supported by an unusual contribution of College resources Significant Substantive Changes Clarifies student copyrights Provides for students to be granted a nonexclusive, worldwide, royalty-free license to use the works that they create outside of a course or academic requirement that is supported by an unusual contribution of College resources Questions? Traevena L. Byrd, J.D. Associate General Counsel Office of the General Counsel Division of Human and Legal Resources Ithaca College tbyrd@ithaca.edu