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INTELLECTUAL PROPERTY POLICY
by SCI-Arc
Introduction
The following Intellectual Property Policy (IP) is applicable to all faculty, staff, students, and others who use SCI-Arc funds, facilities, or other SCI-Arc resources, or who participate in SCI-Arc-administered research or SCI-Arc classes. It is intended to (1) recognize the value of intellectual property and the contributions of the institution and the individuals to the creation of intellectual property; (2) promote the free exchange of ideas, and (3) provide a structure which supports opportunities for students, faculty, and staff to benefit from participating in real-world and cutting-edge interactions. The policy applies to all intellectual property and work product, including but not limited to inventions, patents, copyrights, computer software, trademarks, designs, research, and courseware. Exceptions may be made to this policy only upon written approval of the Director/CEO of SCI-Arc.
Work Product IP Created as Part of a Sponsored Project
On occasion, third party industry, government, or other sponsors (each a “Sponsor”) join with SCI-Arc to provide unique opportunities and experiences to SCI-Arc students, faculty, and staff (“Sponsored Projects”). As a condition to participating in such Sponsored Projects, each student, faculty, and staff member agrees (i) that the Work Product IP created in connection with the Sponsored Project shall be assigned to SCI-Arc or the Sponsor, as determined by SCI-Arc, without compensation to any individual student, faculty, or staff member, and by participating in the Sponsored Project assigns all rights in the Work Product IP to SCI-Arc or the Sponsor; and (ii) to execute any documents requested to reflect such assignment.
Commissioned Works
SCI-Arc shall own all work created at the request of SCI-Arc or for which the creator is specifically compensated by SCI-Arc (“Commissioned Work”), and all IP contained therein, including the right to use, reproduce, modify, display, and create derivative works based on such Commissioned Work without further compensation to the creator.
Student Work
Physical copies of student work submitted to the school to satisfy course requirements—including but not limited to digital files, papers, drawings, and models—become the property of the school. SCI-Arc shall have no obligation to safeguard such materials and may, at its discretion, retain them, return them to the student, or discard them.
Notwithstanding whether it retains any physical copies of such student works, SCI-Arc shall have an irrevocable, royalty-free, worldwide right in perpetuity to use, reproduce, display, and exhibit works created by students in the course of their studies at SCI-Arc, in publications by or about SCI-Arc, on its websites, on social media, or otherwise. SCI-Arc will make a reasonable effort to credit the
author(s) of student work included in publications or other uses. Excepting works which are created in the course of a student’s participation in a Sponsored Project, the student shall have the right to publish or present their own work without compensation to SCI-Arc. However, SCI-Arc must be informed of this publication and appropriately credited in this publication or presentation unless SCI-Arc requests not to be credited.
Work Product IP Created Using Substantial SCI-Arc Resources (excluding work product IP created as part of a sponsored project)
By using SCI-Arc funds or funds administered by SCI-Arc, or by using facilities, equipment, faculty, and/ or staff support or other resources provided by or through SCI-Arc (all “SCI-Arc Resources”) in any substantial manner to create intellectual property (“Work Product IP”), you agree that (i) to the extent such Work Product IP is patentable, you will assign all right, title, and interest in the patents to SCI-Arc, and (ii) to the extent it is subject to copyright laws, if it is not “work for hire” and hence owned by SCI-Arc under the Copyright Act, you assign the Work Product IP and all copyrights therein to SCI-Arc.
You agree to promptly report any Work Product IP you create which is or may be patentable to the Director/CEO of SCI-Arc, and, if SCI-Arc in its sole discretion determines that it wishes to pursue a patent application, to cooperate in the preparation and filing of such application. SCI-Arc shall in its sole discretion determine whether and how to commercialize the patent. In the event that income is generated by SCI-Arc from the patent, the individual creator(s) of that work will collectively receive 50 percent of the net receipts directly related to the Work Product IP, where net receipts are defined as gross receipts minus a 15 percent administrative fee and minus any expenses incurred by SCI-Arc in the generation, maintenance, and protection of the Work Product IP and related income. If SCI-Arc chooses not to pursue a patent application or the commercialization of Work Product IP, the inventor(s) may request release of the rights to the invention, subject to (i) reimbursement of SCI-Arc for its costs and expenses, (ii) payment to SCI-Arc 20 percent of the net income (including equity interests) received by the creator(s) from the invention, and (iii) the grant to SCI-Arc of an irrevocable, royalty-free, nonexclusive right and license to use the invention for research and education purposes.
SCI-Arc shall have no obligation to register a copyright, but may do so in its sole discretion. In the event that income is generated by SCI-Arc from the copyrighted materials, the individual creator(s) of that work will receive collectively 50 percent of the net receipts directly related to the Work Product IP minus any expenses incurred by SCI-Arc in the generation, maintenance, and protection of the Work Product IP and related income.