Longwood University Chief Academic Affairs Officer: Academic Affairs   201 High Street, Lancaster 262, Farmville, VA  23909           Phone: 434.395.2010          Fax: 434.395.2506

Policy 2110 
INTELLECTUAL PROPERTY

I.    PURPOSE

The purpose of this policy is to distinguish between Longwood and proprietary interests in intellectual property.

II.    DEFINITION

Intellectual Property: ownership or exclusive property interest in one's own creative work.

III.    POLICY

The right of faculty, students, visiting faculty and staff to write and produce intellectual properties subject to copyright or patent, and to copyright or patent those properties and to receive royalties resulting from their use has long been recognized. The University encourages these activities.

A.  Longwood Committee on Copyrights and Patents: A Longwood Committee on Copyrights and Patents (hereinafter Committee) shall be appointed by the Provost and Chief Academic Affairs Officer (hereinafter Provost). The Committee will consist of five (5) faculty members and administrator. The faculty members are to be appointed by the Provost upon nomination by the Executive Committee of the Faculty Senate. All Committee terms are rotating for three (3) years, and members may be reappointed for one (1) additional term with a six (6) year maximum.

B.  Professional Rights of the Longwood Staff (including the Faculty):  

1.  General: The faculty, students, visiting faculty, and staff shall retain all rights relating to publication, distribution and classroom use of materials which they have prepared on their own initiative and resources. This provision includes copyrighting of papers published in journals and scholarly books, unless such books were developed as a specific part of a Longwood assignment.

2. Proprietary Interests of the University: The University shall obtain the entire right, title and interest in all materials subject to copyright or patent:

a. when the materials result from an assigned duty of the faculty, students, visiting faculty, or staff of the University, 

b.  when the University provides funds for the production of the materials, or 

c.  when substantial use of Longwood facilities and resources is made in the production of the materials, including the case when funds and facilities are provided by outside sponsors.

The University will not construe the provision of office, library, laboratory, or computation facilities governed by Longwood policies, as constituting significant use of space or facilities.

C.  Longwood Ownership of Copyright or Patent: 

1.  Assigning Rights:  The University shall obtain the copyright or patent to the intellectual materials in which the University possesses a proprietary interest, as referenced in Section B:2.b. above. The University may assign the rights to the copyright of patent to the Longwood Research and Service Foundation, Inc. (hereinafter Foundation). The Foundation will have all rights to use, promote, manage, market, sell or in any other way dispose of such material, on such terms and conditions, and for such consideration as the Foundation shall determine.

2.  Transfer Due to Neglect to Pursue:  If the University fails to make progress toward obtaining or marketing a copyright or patent of intellectual property, the employee may formally make a written request to the Committee that the ownership of the property pass to the employee.

3.  Disposal Requests: The staff member may review materials in which the University has a proprietary interest but which are the result of the individual initiative of a staff member after five (5) years of obsolescence. If he or she considers the materials to be obsolete, he or she has the right to refer the matter to the Committee. The Committee will make a recommendation for the disposal of the material.

D.  Sponsor-Supported Effort: Funds and facilities provided by governmental, commercial, industrial or other private organizations which are administered and controlled by the University, shall be considered to be funds and facilities provided by or through the University for the purpose of this policy statement. Agreement between the University and the sponsor pertaining to share of royalties and title to copyrightable materials shall be the responsibility of the University.

IV.  PROCEDURE

A.  Report of Intellectual Properties:  

1.  All properties in which the University may have a proprietary interest under the provisions of this policy shall be promptly reported in writing by Longwood employees concerned through his/her department or unit chair to the Chief Administration and Finance Officer (CAFO), for the purpose of determining to what extent the University has a proprietary interest in the material. If more than one individual participated in the development, the report shall be signed by all such participants and identify the percent of interest of each participant. The report shall constitute a full and complete disclosure of the properties concerned and the identity of all persons participating in the development.  The participants shall furnish such additional information and execute such documents from time to time as the Committee may reasonably request.            

2.  The CAFO, as the Contracting Officer for the University, shall carry out the necessary activities for the University to establish a claim or rights in the property.

B.  Action by the Committee:  

1.  The Committee shall consider promptly all reports of intellectual property referred to it by the CAFO and shall determine whether the CAFO shall apply for a copyright or patent on behalf of the University.

                    2.  In any case where the rights of the University and of any employee appear to 
                    be in conflict, the Committee shall make a finding as to ownership and shall 
                    report such finding to the Provost for final resolution. Longwood employees 
                    involved shall be entitled to appear before the committee and present evidence
                    with respect to the report. The Committee's determination shall be made in
                    writing and shall contain a statement of its findings and grounds of decision.

                    3.  In any case where the matter of obsolescence is brought to it, the Committee 
                    shall make a determination to the extent of obsolescence and also shall make a
                    recommendation for possible correction of the material. Longwood employees 
                    involved shall be entitled to appear before the Committee and present evidence
                    with respect to the recommendation. The Committee's recommendation shall be
                    made in writing and shall contain a statement of its findings and grounds for its
                    decision.

C.  Review of Committee Action:  At the request of any interested party or on his or her own motion, the Provost may review any determination of the Committee. He or she may affirm, modify, or reject any determination of the Committee.

D.  Contract Administration:  As before noted, all University-owned copyrights or patents may be transferred to the Foundation for purposes of management. The Foundation may negotiate and enter into contracts for the promotion, exercise, sale, maintenance, or other disposition of materials in which the University has a copyright or patent.

E.  Royalties:  

1.  Royalties received by the University from a property shall reimburse the 
Commonwealth for the cost of creation if the creation of the property was supported by earmarked money from the general fund.

2.  At the time of copyright application, the University and all parties concerned shall enter into a contract which specifies the agreed upon distribution of all royalties.

3.  Royalties retained by the University shall be placed in the Longwood Research and Services Foundation. The Foundation shall use these funds to further sponsor programs at Longwood.

F.  Transfers of Intellectual Property:  

1.  The Longwood Board of Visitors has the approval authority for transfer of intellectual property in which the University claims an interest except in cases where transfer would require prior written approval from the Governor.
 
2.  The Governor's prior written approval is required for transfers of title to patents and copyrights that were:

a.  developed wholly or significantly through the use of state general funds, by an employee of the University acting within the scope of his assigned duties; or

b.  developed wholly or significantly through the use of state general funds, and are to be transferred to an entity other than the following:

(1) the Innovative Technology Authority; or

(2)  an entity whose purpose is to manage intellectual properties on behalf of nonprofit institutions; or

(3) an entity whose purpose is to benefit the transferring institution. 

c. When prior written approval is required, an institution should 
send a description of the intellectual property and the proposed transaction to the State Council of Higher Education for Virginia (SCHEV).

G.  Reporting Requirements:

1.  The CAFO shall be designated the person responsible for compiling and submitting the annual report to SCHEV.

2.  Each annual report should include the following information:

a. the name of the University;

b. the name of the official submitting the report;

c. the number of intellectual properties in which the University claims an interest under its intellectual property policy.  The number should be divided into patentable subject matter and copyrightable subject matter;

d. the name of all transfers to whom the University has transferred any interests, including licenses, in intellectual properties; 

e. If the University is not able publicly to identify the transferee of 
any intellectual property, the University should identify the 
particulars of the transfer as well as the reasons why such information should not be reported. SCHEV will determine whether to report the information to the legislature; and

f. the total royalties received by the University during the reporting period.

The Intellectual Property (Copyright/Patent Policy) was approved by the Board of Visitors on October 22, l987.
Revised and approved by the Board of Visitors, September 7, 2002.

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