INTELLECTUAL
PROPERTY POLICIES
Repor t
Submitted by
the 2014
Intellectual
Proper ty Task
Force
Membership
The Intellectual Property Task Force
consists of eight members, three of
whom serve on Faculty Senate (Cindy
Stewart, Ron Beebe, and Sergiy
Koshkin). College representatives
include Gail Evans, Penny Smith, Mian
Jiang, Byron Christmas, and Hong Lin.
Terms of
Membership
One academic year appointment
Charge
1. Review the UH System Intellectual
Property Policies
2. Review Intellectual Property
Policies Outside the UH System
3. Review of Case Law on Intellectual
Property and Common Definitions
4. Draft an Intellectual Property Policy
for Faculty Senate Review
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SCOPE AND AUTHORIT Y OF POLICIES
Federal & State Law
UH System Board of Regents Bylaws
UH System Board of Regents Policies
UH System Administrative Memoranda
Component University Policies (UH,
UHCL, UHV, UHD)
REVIEW OF UH SYSTEM INTELLECTUAL
PROPERT Y POLICIES
UH SYSTEM BOARD OF
REGENTS INTELLECTUAL
PROPERTY POLICY
COMPARISON OF THE UH BOARD OF REGENTS
INTELLECTUAL PROPERT Y POLICY WITH “BEST
PRACTICES”
UH BOR Technology
Ownership
 UH BOR ownership
claims are described
separately for
technology and
copyrightable
materials.
 The BOR owns all IP rights
for technology that is
conceived or reduced to
practice by any person
engaged in University
research.
Policies Conforming with
Best Practices
 UT provides a two-part
description of
ownership, which
includes IP owned by
the creator, and IP
owned by the UT BOR.
COMPARISON OF THE UH BOARD OF REGENTS
INTELLECTUAL PROPERT Y POLICY WITH “BEST
PRACTICES”
UH BOR Copyright
Ownership
 Ownership of copyright will
be asserted for films,
audiovisual works, slide
programs, film strips, sound
and video recordings with
original performances, and
programmed instructional
materials.
Policy Conforming with Best
Practices
 UT provides a
description of
situations in which the
BOR will and will not
assert ownership.
 UT provides a
description of what
circumstances render
ownership to the
creator/author.
COMPARISON OF THE UH BOARD OF REGENTS
INTELLECTUAL PROPERT Y POLICY WITH “BEST
PRACTICES”
UH BOR Description of
University Research/Support
 U n i ve r s it y R e s e a rc h i n c l ud e s a l l
r e s e a r c h , a c t i v i t i e s , o r w o r k w i t hi n t h e
s c o p e , o r r e l a te d to a p e r s o n ’ s
ex p e r t i s e , o r g e n e r a l a r e a o f
e m p l oym e n t r e s p o n s i b il it y, o r t h a t h a s
r e s u l te d f r o m a c t i v i t i e s p e r f o r me d b y
the person on University time, with
U n i v e r s i t y s u p p o r t o f f u n d s o r f a c i li t i e s ,
i n c l ud i n g w o r k u n d e r a r e s e a r c h
a g r e e m e n t w i t h a n ex te r n a l s p o n s o r a n d
r e s e a r c h c o n d ucte d b y a nyo n e , w h et h e r
o r n o t a p e r s o n a s d e f i n e d i n t h i s p o l i cy,
w h o u t i l iz e s U n i v e r s i t y r e s o u rc e s .
 U n i ve r s it y S u p p o r t i s d e f i n e d a s , b u t n o t
l i m ite d to e q u i p m e n t , m a te r i a l s , s t a f f
ser vices, university departments or
u n i t s u s e d i n t h e d ev e l o pme n t o f
c o py r ig h te d m a te r i al s a t n o ex p e n s e to
t h e c r e a to r, a s w e l l a s s u p p o r t f o r t h e
d ev e l o p me n t o f c o py r i g h t a b le m a te r i al s
s u c h a s m o n ey i n ex c e s s o f n o r m a l
s a l a r y, r e d uc e d te a c h i n g l o a d , r e l e a s e
t i m e , o r r e s o u rc e s f r o m u n i v e r s i t y,
college, or department.
WIPO Definitions of University
Resources
 Differentiate between
insignificant and
significant use of
University resources.
 Specify what University
support does not
include.
COMPARISON OF THE UH BOARD OF REGENTS
INTELLECTUAL PROPERT Y POLICY WITH “BEST
PRACTICES”
UH BOR Ownership of
Online Course Materials
 For the purposes of this
policy, a work whose
presentation and use are
interactive (other than for the
purposes of searching the
text or otherwise locating
material, or for verifying
answers) will be regarded as
a computer program rather
than a book. When questions
of ownership arise, and until
the dispute is resolved, it will
be managed as though the
University owns the
copyright.
Policies Conforming with
Best Practices


University of Tulsa IP policy states that all
rights to copyrightable material in educational
materials for online courses, including software
developed as a component of education
materials shall belong to the author, subject to
University to a royalty-free license to use the
educational materials for online courses for
research and educational purposes, and to
make modifications and improvements to the
educational materials.
Kansas State specifies ownership of content
and presentation in their IP Policy.
 When a creator of courseware develops an idea
for a new course, or changes an existing course
without substantial use of University resources
and without begin institution directed, the
ownership of both the IP and presentation
remain with the employee.
 In situations in which there was substantial use
of University resources, the University makes no
claim to the IP of the courseware. However, the
ownership of the presentation or materials
remain with Kansas State University.
THE UHD INTELLECTUAL PROPERT Y TASK
FORCE RECOMMENDS THE FOLLOWING:
Provide a link to the UH Board of Regents
Intellectual Property Policy, 21 .08 on the UHD
Policies and Procedures Webpage.
1.
UHD Faculty Senate President discuss with UH
Component University Faculty Senate
Presidents our identified concerns about the UH
Board of Regents Intellectual Property Policy
2.
adherence to best practices.