Intellectual Property - Student Services Policy - 80410

Germanna Community College supports creativity, innovation and invention among its students, faculty, and staff. The intent of this policy is to assure that any intellectual property produced by an employee and/or a student at Germanna Community College will be protected for the benefit of the creators and the College. This policy is subject to applicable law and is consistent with the State Council of Higher Education for Virginia (SCHEV) Draft Guidelines for the Development of Patent and Copyright Policies and Procedures by State Supported Institutions of Higher Education of May 6, 1987.

2.1 Germanna Community College adheres to the policies of the Virginia Community College System (VCCS) relative to intellectual property, copyright issues, and revenue derived from the creation of intellectual property. The VCCS policy determines ownership rights and responsibilities regarding intellectual property produced by a student and/or an employee. Detailed descriptions of the VCCS Intellectual Property Policy are in Section 12 of the VCCS Policy Manual.

2.2 Ownership of Intellectual Property

VCCS claims ownership of intellectual property produced by any VCCS employee or student as follows:

• When produced as a result of assigned duty except as otherwise provided by a separate written agreement or waiver which is executed by a duly authorized officer of a college or the VCCS.
• Which was developed with the substantial use of college resources except as otherwise provided by separate written agreement or waiver which is executed by a duly authorized officer of a college or the VCCS.
• Development or delivery of a distance learning course is considered a substantial use of college resources whether the faculty member is compensated or not.
• Faculty and staff are strongly encouraged to address any concerns about ownership interests through a separate written agreement prior to the development of intellectual property.

3.1 A creator may file an intellectual property dispute regarding, but not limited to, ownership, royalty payments and publication of intellectual property by submitting a dispute in writing to the Vice President for Academic Affairs and Student Services. The dispute must be filed within 3 months of the occurrence.

3.2 The Vice President for Academic Affairs and Student Services shall assemble an ad hoc review committee to review the dispute and make a recommendation to the Vice President for Academic and Student Affairs, who will render a decision in writing. The process will take no longer than 60 days after the dispute is filed.

3.3 A creator may appeal a decision to the President.  The President’s decision is final.

3.4 The Vice President for Academic Affairs and Student Services will submit an annual report as needed in accordance with guidelines in Section 12.1.11 of the VCCS Policy Manual.

VCCS Intellectual Property Section 12.0.1

A. Intellectual Property includes but is not limited to any material defined within one or more of the following categories:

• A potentially patentable machine, product, composition of matter, process, or improvement, in any of these:
  • An issued patent;
  • A legal right which is part of a patent; or
  • Anything that is copyrightable. Some examples of copyrightable intellectual property include:
• Written Materials – literary, dramatic, and musical materials or works, published or unpublished;
• Coursework – lectures, printed materials, images and other items used in the delivery of a course, regardless of the physical medium of expression;
• Visual and/or Recorded Materials – sound, visual, audio-visual, and other television films or tapes, video tapes, motion pictures or other recordings or transcriptions, published or unpublished; and
• Computer-Related Materials – computer programs, procedures and other documents involved in the operation and maintenance of a data processing system, including program listings, compiler tapes, a library of sub-routines, user and programmer manuals, specifications, and databases.”

B. Substantial Use of College Resources involves 1) more than 10% of the normal duty time of an administrator or classified employee in any semester 2) released or reassigned time from the creator’s normal duties 3) more than 20% of the work hours of assisting college employees in any semester or 4) procurement of special supplies, services, equipment, or other support by the College. The total value of identifiable resources shall not exceed $10,000 for a specific intellectual property.

VCCS Policy Section 12

Vice President of Academic Affairs

College Council: February 27, 2015

President’s Council: February 20, 2015

College Board: May 21, 2015