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Policy 2110

Intellectual Property

I. Purpose

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

II. Definition

  1. Intellectual Property: Potentially patentable machines, processes, inventions, or discoveries, issued patents, or legal rights inhered in patens and all copyrightable work or works.
  2. Distance Learning: Learning programs that are conveyed through off-campus classroom programs, external degree programs, branch campuses, correspondence courses, and various programs using electronically-based instruction offered geographically distant from the main campus.
  3. Substantial Use: Dedicated and extensive use of University facilities, personnel, and other resources. The University will not construe the provision of office, library, laboratory, computation facilities, or occasional use of University personnel governed by Longwood policies, as constituting substantial use of facilities, personnel, or resources.
  4. Work or Works: Any original material, including, but not limited to, class notes and syllabi; course assignments, tests and examinations; books and articles; works of fiction and nonfiction; poems and dramatic works; musical and choreographic works; pictorial, graphic, and sculptural works; computer software; academic courseware; inventions; and audiovisual and electronic works.

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.

  1. Longwood Committee on Copyrights and Patents: A Longwood Committee on Copyrights and Patents (hereinafter Committee) shall be appointed by the Provost and Vice President for Academic Affairs. The Committee will consist of five (5) faculty members and administrator. The faculty members are to be appointed by the Provost and Vice President for Academic Affairs 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.
  2. 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 all works as defined by this policy, unless such works were developed as a specific part of a Longwood assignment as assigned in Section B2 below.
    2. Proprietary Interests Of Students: While students ordinarily retain rights relating to the publication and distribution of work they develop as detailed in Section B1, faculty and the University shall have the right to make use of works prepared by students within the bounds of normal academic practice and fair use, including use for such things as ensuring academic honesty.
    3. Proprietary Interests of the University:T he University shall obtain the entire right, title and interest in all works subject to copyright or patent:
      1. when the works are created as a specific requirement of employment or result from an assigned duty other than normal teaching or class assignments of the faculty, students, visiting faculty, or staff of the University-such requirements or duties may be included in a written job description or an employment agreement, for example;
      2. when the University provides the specific authorization or supervision for the preparation of the work-examples are reports developed by a dean or by the chair or members of a faculty committee, and college promotional brochures prepared by a director of admissions;
      3. when the University provides funds or release time (not including sabbatical leave) for the production of the work, or
      4. when substantial use of Longwood facilities, personnel, or resources is made in the production of the work, including the case when funds and facilities are provided by outside sponsors.
    4. Joint Ownership of Copyright or Patent: In rare situations, it may be proper to treat a work as a product of the joint authorship of the employee and the University, so that both have a shared interest in the copyright or patent. For example, courses prepared for distance education programs will typically incorporate instructional content authored and presented by faculty members, but the University may contribute specialized services and facilities to the production of the courseware, such as creative graphic elements and the like, that go beyond what is traditionally provided to faculty members generally in the preparation of their course materials. Joint ownership of the copyright or patent should be negotiated and formalized in a written agreement between the employee and the University prior to the creation of the work.
  3. Longwood Ownership of Copyright or Patent:
    1. Assigning Rights: The University shall obtain the copyright or patent to the intellectual property in which the University possesses a proprietary interest, as referenced in Section B:3.b. above. The University may assign the rights to the copyright of patent to the Longwood University Foundation, Inc.
    2. Continuing Use of Copyrighted Course Material: If the University uses recorded course materials developed by an employee in subsequent courses, or in subsequent offerings of the same course, it is obliged to pay the employee a reasonable royalty.
      The employee who developed the work shall normally retain the right to update, edit, or otherwise revise electronically developed course material, and he or she shall normally have the right of first refusal for such periodic revisions as may be requested by the University. If (after a reasonable effort) the University is unable to contact the employee, or the revision (in the University's opinion) does not maintain academic standards, the University may employ other persons to revise the work, and charge the cost of revision against any royalties paid to the original developer.
    3. Transfer Due to Neglect to Pursue: If the University fails to make progress toward obtaining or marketing a copyright or patent of intellectual property within two years of the final determination of ownership of proprietary interest - the employee may formally make a written request to the Committee that the ownership of the property pass to the employee.
    4. Transfer Due to Disuse: If the University fails to use the works for three (3) consecutive academic years, the University or Foundation will, upon written request to the Committee by the employee, reassign the copyright or patent to the employee.
    5. Disposal Requests: The staff member may review works 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 works 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.
  4. 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 works shall be the responsibility of the University.
  5. Report of Intellectual Properties:
    1. All works 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 Vice President for Administration and Finance, for the purpose of determining to what extent the University has a proprietary interest in the material. The report shall identify all works, all individuals who participated in the development of such works, and the source (s) funding that contributed to the development of such works. 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 of the reported works. The participants shall furnish such additional information and execute such documents from time to time as the Committee may reasonably request.
    2. The Vice President for Administration and Finance, 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.
  6. Action by the Committee:
    1. The Committee shall consider promptly all reports of intellectual property referred to it by the Vice President for Administration and Finance and shall determine whether the Vice President for Administration and Finance 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 and Vice President for Academic Affairs 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.
  7. Review of Committee Action: At the request of any interested party or on his or her own motion, the Provost and Vice President for Academic Affairs may review any determination of the Committee. He or she may affirm, modify, or reject any determination of the Committee.
  8. 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 works in which the University has a copyright or patent.
  9. 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 University Foundation. The Foundation shall use these funds to further sponsor programs at Longwood.
  10. 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:
      1. 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
      2. 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.
      3. 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).
  11. Reporting Requirements: The Vice President for Administration and Finance shall be designated the person responsible for compiling and submitting all required reports.

Approved by the Board of Visitors, October 22, l987.
Revised and approved by the Board of Visitors, September 7, 2002.
Revised and approved by the Board of Visitors, April 1, 2005.
Revised and approved by the Board of Visitors, December 7, 2012.