Introduction
The purpose of this policy is (1) to establish a framework for defining, interpreting, and asserting the rights and responsibilities for the ownership and use of Intellectual Property (“IP”) at Stevenson University (“the University”), (2) to facilitate University operations and procedures which promote the effective management of IP by the University, and (3) to demonstrate support for the traditions of education and scholarship, academic freedom, and open and timely publications.
Guiding Principles
Stevenson University’s policy and practices regarding IP will be guided by the following ideals and principles:
- The traditional ownership rights of scholars to Works they create should be respected.
- Works produced at the University should be used and made available for the greatest possible benefit, both within the Stevenson community and beyond it,
- U.S. federal Copyright laws generally grant Copyright ownership of employment-related works to the employer,
- It is reasonable for the University to have greater rights to the use and commercialization of a project when the University makes a Substantial Contribution to the project,
- The University must protect the use of the Stevenson University name, image and brand.
Definitions
“Intellectual Property (IP)” refers to “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images.”
“Intellectual Property Rights” refer to the legal protections and rights associated with IP. It is the intent of this policy to address the Intellectual Property Rights provided under Copyrights and Patents.
“Copyright” refers to that bundle of rights that protect original works of authorship fixed 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.
“Patent” refers to that bundle of rights that protect inventions or discoveries which constitute any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.
“Substantial Contribution” is a contribution of the University’s resources above and beyond
what is ordinarily available to employees to carry out their normal assigned duties or, in the
case of students who are not employees of the University, one’s normal academic activities. For example, the use of specialized additional staffing or specialized university technology, laboratory equipment, or supplies may constitute a Substantial Contribution, while normal use of typical assigned office space, office equipment, library resources, laboratory space and supplies, technology support, or administrative staff would not be considered a Substantial Contribution.
“Trademark” or “Mark” is a sign (word, symbol, design etc.) capable of distinguishing the goods or services of one enterprise from those of other enterprises.
“Work for Hire” refers to “a work prepared by an employee within the scope of his or her employment.”
“Works” refers to “artistic, literary and scholarly intellectual property, such as scholarly books, articles, and other publications (including those in electronic form), works of art, literature and music recordings.”
Copyrights
Except as provided herein, any Copyright(s) in a Work created, made, or originated by a faculty or staff member at Stevenson University shall be the sole and exclusive property of that faculty or staff member unless they elect now or in the future to transfer ownership of that Copyright(s) in full, or in part. Notwithstanding Copyright ownership by faculty or staff, the University reserves the right of full use of such Work. Such use by the University shall be at no cost to the University and shall be for educational and administrative purposes within the institution. The University’s right of full use shall last in perpetuity.
Copyright(s) in Works which are created by faculty or staff members that meet the definition of a Work for Hire shall be owned by the University. The University also reserves the right to claim ownership of a Work that meets the definition of a “Joint Work” as described in the Copyright Act, where the University can be considered a co-author.
Notwithstanding ownership, the faculty or staff member may assert right of full use of such Work. Such use by a faculty or staff member shall be at no cost to the faculty of staff member so long as such use is for educational and administrative purposes within the institution.
Instructional Materials Created by University Faculty and Staff
Any Copyright in instructional material created for ordinary teaching use and in department programs, such as syllabi, assignments, and tests, shall remain the property of the faculty or staff author, but the University reserves in perpetuity the right to use such materials for internal instructional, educational, and administrative purposes, including satisfying requests of accreditation agencies for syllabi and course descriptions.
To respect faculty’s traditional ownership rights to instructional materials, including those stored on the learning management system, it is the practice of the University’s Learning Technologies & Instructional Design (LTID) department to copy only master course shells, not individual instructor content, unless individual permission is obtained.
Patents
Unless the University has entered into a sponsored project agreement to the contrary, the University asserts its ownership of all Patents made or conceived where the University has provided a Substantial Contribution. If the University has not provided a Substantial Contribution, the Patent shall be owned by the inventor(s), subject to the terms of any applicable Sponsored Project agreement.
Patents from inventions owned by the inventor should be administered so as to not involve the name, facilities, or resources of the University. Time spent in administering such patents should conform to University policies on outside activities by an employee, if applicable. Inventors may request to assign inventor-owned patents to the University for administration in accordance with these policies and procedures. Employees should not patent inventions that are in the specific
area of their work in Stevenson research programs or in a work area assigned to them without obtaining permission from the Provost.
Sale of IP and Distribution of Proceeds
The right to determine the use of proceeds from the sale of Work owned by a faculty or staff member belongs to the faculty or staff author or inventor.
The right to determine use of proceeds from the sale of IP owned by the University belongs solely to the University.
The rights to determine the use of proceeds from the sale of IP owned jointly by a faculty or staff member and the University shall be negotiated by both parties as soon as the Work is first undertaken or as soon as practicable.
Where Works are created by multiple faculty or staff at the University the parties are responsible for determining their relative rights to any proceeds from the sale of a Work(s) when the creation of a Work is first undertaken or as soon as practicable.
Sponsored Research Agreements
The Sponsored Research Agreement (SRA) is an instrument used by the University to contract with companies or other non-grant-making entities that wish to sponsor faculty or staff research, clinical or training projects. To retain maximum flexibility and achieve the goals of this policy, the Provost or their designee negotiates SRAs individually. The terms of such agreements shall vary, depending upon the project, the interests of the sponsor, SRA recipient, and the University.
Federal Grants
The federal government retains Intellectual Property rights to Inventions created and reduced to practice under federal grants. Under federal regulations, the University must report all such inventions to the funding agency and elect to file for a Patent within a reasonable period of time, i.e. one year prior to any statutory bar date. If the University elects not to file for a Patent it must so inform the agency, which then has the right to take title. Creators whose Work has been conducted under federal grants should be aware that the federal government retains a perpetual, nonexclusive license to all research results.
Student Research and Scholarship
A student who is employed by the University or by a third party under the terms of a valid SRA shall be considered to be an employee of the university for the purpose of this policy. Accordingly, IP created by a student during such employment or course of study shall be considered a Work for Hire and shall be owned by the University or by the entity so designated in the SRA.
In circumstances where a student originates IP independently, using resources generally available to students, and without faculty or staff supervision, such IP shall be owned by the student.
Student authors own the Copyrights to their theses or essays, subject to the rights of any co-authors. Student Copyrights may be limited, however, when student manuscripts are based upon research conducted under an SRA. In those cases, the student’s rights will be subject to the rights of the sponsor. Faculty or staff have the obligation to ensure that students involved in sponsored research are aware of and understand the terms of any SRA.
Acceptance of a thesis outline by a faculty advisor constitutes an assurance that the IP created or otherwise acquired for the outlined research program will remain reasonably available to the student for the duration of the proposed research. This assurance is granted only for the purpose of completing the proposed research and degree requirements. Thus, IP agreements between the University and third parties under a grant or SRA should include such licenses as may be required to protect the interests of students and effectuate the intent of this provision.
Students are expected to maintain confidentiality of proprietary information and trade secrets belonging to research sponsors and faculty or staff. The University may require students to sign and agree to be bound by confidentiality agreements, reasonable in their scope.
Conflicts of Interest
Employees must avoid conflicts of interest that might compromise the integrity and objectivity of the University. See the Conflicts of Interest language in the Stevenson Code of Conduct policy.
Institutional Review Board
All research carried out by administration, faculty, staff, and students associated with the University (SU) involving human subjects must be conducted using basic ethical principles and under the review of the Institutional Review Board. See the Stevenson Institutional Review Board policy.
University Trademark Rights
Stevenson University asserts all available legal rights regarding the ownership and use of its trademarks, which include the University’s names, logos, seals and designs, which are used by the University in providing educational services in furtherance of the University mission. Stevenson University policies and procedures regarding use of the University’s trademarks can be found at https://now.stevenson.edu/mpr/branding-and-logo-use-guidelines/.
(Approved June 2025)