AAUP_ Sample Intellectual Property Policy & Contract Language

AAUP_ Sample Intellectual Property Policy & Contract Language

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Protect the Faculty Voice Financial Crisis FAQs Defending Your Rights Issues in Higher Education Publications Government Relations Get Involved Sample Intellectual Property Policy & Contract Language By the Special Committee on Distance Education and Intellectual Property Issues Intellectual property has been a long discussed and debated topic, that has become more pressing with recent developments in technology. Many colleges and universities have instituted policies unilaterally, while others have adopted policies negotiated between faculties and administrations. These negotiated policies have sometimes been within collective bargaining contracts and sometimes through some other venue. Whatever the context, faculties need to develop appropriate policies and language. The following sample language was taken from a review of existing policies, contracts, and AAUP policy statements. Components to be Included What is "intellectual property"? Who owns the intellectual property? Who may use the intellectual property? How are any funds to be distributed? How are emerging issues and disputes resolved? Introduction Preamble The parties to this agreement believe that the public interest is best served by creating an intellectual environment whereby creative efforts and innovations can be encouraged and rewarded, while still retaining for the college or university and its learning communities reasonable access to, and use of, the intellectual property for whose creation the college or university has provided assistance. The college or university supports the development, production, and dissemination of intellectual property by its faculty members. What is Intellectual Property? http://www.aaup.org/AAUP/issues/DE/sampleIP.htm?PF=1 (1 of 6) [10/20/2010 3:01:22 PM]
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Although the law provides for a several different types of Intellectual Property, faculty concerns center on two: copyrights and patents. The following definitions are taken from pertinent federal statutes: When used in this agreement, the term "Copyright" shall be understood to mean that bundle of rights that protect original works of authorshipfixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. "Works of authorship" (including computer programs) include, but are not limited to the following: literary works; musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works (photographs, prints, diagrams, models, and technical drawings); motion pictures and other audiovisual works; sound recordings; and architectural works. "Tangible media" include, but are not limited to, books, periodicals,
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This note was uploaded on 01/15/2012 for the course BSC 3402 taught by Professor Brockmann,h during the Fall '08 term at University of Florida.

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AAUP_ Sample Intellectual Property Policy & Contract Language

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