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

resources of a nature or beyond the level of resources ordinarily provided to faculty and students. "Resources ordinarily provided" includes resources made available to specific groups but not all individuals (e.g., additional travel stipends for pre-tenured faculty). Sabbatical leaves do not constitute substantial use of University resources. All competitive University awards, except student dissertations, constitute substantial use of University resources unless otherwise specified in advance,

2. when the work is commissioned by the University,

3. when the work is created under the terms of a sponsored project where the terms of the sponsored project require that ownership be in the name of the University, and

4. when the work is a work-made-for hire that is not covered in Section II (A), (B), or (C).

E. Formal Arrangements - Whenever Fielding Graduate University asserts rights pursuant to the provisions of Section II (D), above, the affected faculty, students, and/or staff will be informed in writing of the University's assertion of rights in a communication that sets forth the intellectual property arrangements intended to govern the particular activity, including the nature of the project, the participation of the relevant parties, and the distribution of any proceeds derived from the project.

Section III - Operating Procedures

A. Obligation Concerning Disclosure - Faculty and any other individuals engaged in activities that result in the creation of intellectual property to which the University may claim ownership and/or rights as described in II (D) above are obligated to make a prompt disclosure of such activities in writing to the Office of the Provost.

B. Retaining Rights Without Royalty for Academic Uses at the University - The licensing of books, articles and other non-institutional works described in Section II (A) above is under the control of the faculty members who own such works. However, where the creator retains the rights to such works, he or she shall grant the University a nonexclusive royalty-free license for the use of such work within the University for teaching, research, and other noncommercial University purposes. If any article or other such work is to be published, the creator is urged to seek to reserve for both the creator and the University a royalty-free right to use a reasonable portion of the published work within the University for teaching, research, and other non-commercial

University purposes. The right of the University to use such works shall survive the departure of the creators from the faculty or student body.

C. Faculty and Student Use of Works Created at and Owned by the University - Faculty members and students who create works that are owned by Fielding Graduate University under the provisions of this policy shall retain the right to use such works for noncommercial research and instructional purposes. The right of the creators to use their works that are owned by the

University shall survive their departure from the faculty or student body.

D. Updating and Correction of Works - Faculty members and students have the right to update and correct works they have created that are owned by Fielding Graduate University under the provisions of this policy. The University may, but is not obligated to, provide support for such updates or corrections.