Intellectual Property Section I - Goals The intellectual property policy of Fielding Graduate University (the "University") is designed to accomplish a set of interrelated goals. First, the policy is meant to encourage innovation among faculty, students, and staff of the University and the University itself. Second, the policy is intended to clarify issues of ownership and other rights in intellectual property in light of changes in the role technology can play in scholarly and creative activities. Third, the policy is designed to enhance the work of the scholarly and creative community at the University. This policy governs covered intellectual property created in part or in whole by faculty, students, and staff of Fielding Graduate University in situations in which the parties have not entered into a written agreement concerning the ownership of intellectual property that has or will be created and the apportionment of revenues and other rights that may be derived from such intellectual property. Section II - Provisions A. Faculty Rights - As an institution long devoted to the free and open exchange of ideas among scholars, the University recognizes that, except in the circumstances specifically provided in Section II (D), below, members of the faculty are entitled to ownership of intellectual property developed in the course of their regular faculty work. Such intellectual property includes, but is not limited to, the original expression of ideas and concepts fixed in a tangible medium and includes works of authorship such as books, curriculum materials, video and audio recordings, photographs, graphics, software, works of art, and other materials. These intellectual property rights are not dependent on the medium of distribution or dissemination of the intellectual property. B. Student Rights - As an institution devoted to the growth and development of its students, the University recognizes that, except in the circumstances specifically provided in Section II (D), below, students are entitled to ownership of intellectual property developed in the course of their regular student work. Such intellectual property includes but is not limited to the original expression of ideas and concepts fixed in a tangible medium and includes works of authorship such as books, curriculum materials, video and audio recordings, photographs, graphics, software, works of art, and other materials. C. Staff Rights - Intellectual property resulting from the regular work of those employed as staff by the University shall be deemed "work-made-for hire," and ownership in the property will reside with the University. This provision includes the work of individuals who are faculty when the intellectual property results from regular work performed in their capacity as administrators of the University. This provision includes the work of individuals who are students when the intellectual property results from regular work performed in their capacity as staff members of the University. D. Rights of the University - The University asserts ownership of and rights to intellectual property, including intellectual property created by faculty and students, under the following conditions: 1. when the work is created with substantial use of University resources. For the purposes of this section, "substantial use" means the use or commitment of University
Academic Catalog 2020-2021
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