AVILA UNIVERSITY
INTELLECTUAL PROPERTY AND PATENT POLICY
Avila University is committed to supporting the teaching and research activities of its faculty, students,
and staff. The university encourages all members of its community to publish, without restriction, their
papers, books, and other forms of communication and to develop inventions in order to share their
findings and knowledge with colleagues and the general public. The Intellectual Property and Invention
and Patent Policy is intended to promote excellence and innovation in scholarly research and teaching
and in inventions for the common good by protecting the rights of the university and its faculty, staff, and
students.
Avila University Intellectual Property and Invention and Patent Policy is within the context of the Federal
Copyright Law and maintains the traditional view that authors/creators of works and inventors own the
copyright resulting from their research, teaching, and writing. Exceptions to this rule may result from
contractual obligations, from employment obligations, from certain uses of university facilities, or from
agreement governing access to certain university resources. The policy described here addresses these
exceptions.
A. Material That May Be Copyrighted
Material that may be copyrighted includes books, journal articles, textbooks, bibliographies, study guides,
laboratory manuals, syllabi, tests, proposals, lectures, musical or dramatic compositions, visual works of
art, unpublished scripts, films, film strips, charts, transparencies and other visual aids, video and audio
tapes and cassettes, live video or audio broadcasts, programmed instruction materials, and computer
programs. Other material may also be copyrighted.
B. Ownership
Traditionally, books, articles, and other copyrightable materials are considered the property of the
author/creator, who is entitled to determine how the works are to be disseminated and to keep any
income the works generate. In the same way, inventors are entitled to all right, title, and interest to any
discovery or invention which is developed solely on the inventor’s own time and with the inventor’s own
facilities. Avila University, in keeping with this tradition, disclaims any ownership of works by faculty, staff,
and students, or title to any inventions except in the following cases. In these cases, the owner of the
works is Avila University:
1. Assigned tasks
Avila University owns courses and copyrightable material developed as a result of assigned university
duties and intended exclusively for the use of the university for any of its programs.
Such assignments would include but would not be limited to computer software developed by university
personnel for the use of university employees, onsite and online courses developed for Avila students,
reports commissioned from consultants and paid for by the university, materials created by faculty or staff
for the university marketing efforts, etc. The Intellectual Property Policy also applies to the work product of
a consultant who receives payment from Avila when that work product is commissioned by Avila. This
section on assigned tasks does not apply to books written or other material produced, on campus or off,
during a term of teaching, vacation, sabbatical, or faculty fellowship, with normal use of office space,
library, and computer resources, but with no other direct university assistance.
2. Outside agreements
When copyrightable material is developed through a sponsored grant or contract, the special provisions
contained in that grant or contract must prevail. In the absence of such special provisions, normal
university policy applies.
3. Significant use of Avila-administered resources
When the development of copyrightable materials or inventions is significantly assisted by the use of
university facilities, resources, or personnel, the university is entitled to a share of any royalty income
pursuant to this policy. For these purposes, “significant” use is the use of resources other than those
ordinarily available to most or all faculty, staff, or students. Such ordinarily available resources include
office space, personal office equipment, office computer workstations, library and other general use
information resources, and the means of network access to such resources. Textbooks developed in
conjunction with class teaching are excluded from the “significant” use category, unless such textbooks
were developed using Avila-administered funds paid specifically to support textbook development.
Incidental involvement of students receiving funding from the university is also excluded from the
definition of “significant” use.
C. Students:
The provisions of this Intellectual Property and Invention and Patent Policy are made applicable to
students, especially as they relate to B.1., assigned tasks, above, as a condition of their enrollment.
Students hired to perform specific tasks that contribute to a copyrightable work or invention will ordinarily
have no rights to ownership of that work. On the other hand, students working collaboratively with
academic employees on projects that result in copyrightable work or patented inventions may be granted
the same rights and obligations as would apply to an academic employee working collaboratively on the
project.
D. Division and Use of Income of University-Owned Works:
1. Any incomes that the university receives from a licensing, sale, lease or other use of copyrighted works
or patent owned by Avila University pursuant to this Intellectual Property and Invention and Patent Policy
typically will be distributed in accordance with the following royalty distribution policy: 50% to the
author/creator/inventor and 50% to the University.
2. The portion of income not paid to the creator or creators of a work will be used as determined by the
university at its sole discretion. Avila will ordinarily use that portion of income for the purpose of research
or scholarly activity.
E. Administration and Resolution of Disputes:
1. The Intellectual Properties and Invention and Patent Policy will be administered by the Vice President
for Academic Affairs regarding works created by academic employees. The Vice President shall appoint
an ad hoc Intellectual Property and Invention and Patent Policy task force, which will serve at his or her
pleasure. The function of the committee shall be to advise and recommend to the Vice President with
respect to the university’s ownership of particular copyrights and patents and such other matters as the
Vice President may deem appropriate. The Vice President for Administration and Finance will administer
this policy as it relates to non-academic employees.
2. Disputes concerning application of the policy as it relates to academic employees will be resolved by a
review panel of three members: a Avila employee representing the author/creator, a Avila employee
designated by the Vice President for Finance and Administration, and a third Avila employee selected by
the Avila Faculty Assembly. When disputes about the application of the policy involve non-academic
employees, the review panel will consist of the following three members: a Avila employee to represent
the author/creator, a Avila employee designated by the President of the University, and a third Avila
employee selected by the Avila Faculty Assembly. The decision of a review panel may be appealed to the
President of the University by the author/creator or by any member of the review panel.