University of West Georgia recognizes and encourages the publication of scholarly works and the creation/development of copyrightable/patentable inventions and materials. These products of research and scholarly inquiry are deemed to be integral parts of our institutional mission--teaching, research, and service. The University acknowledges that faculty, staff, and students who are employees of the institution regularly prepare articles, pamphlets, books, and other scholarly works for publication and produce materials, which may be subject to copyright and patent laws of the United States. Such products of scholarly activity may generate royalty income. With the advent of innovative techniques and procedures, the variety and number of materials which might be created in a university community have increased significantly, causing the ownership of such copyrightable and patentable materials to become increasingly complex.
Intellectual property in the form of copyrightable and patentable materials are often products of University faculty, staff, and/or student activities aided wholly or in part through the use of University resources. It becomes significant, therefore, to ensure the utilization of such intellectual property for the public good and to expedite their development and marketing. The rights and privileges, as well as the incentive, of the creator or inventor must be preserved so that his or her abilities and those of other faculty, staff or students of the University may be further encouraged and stimulated.
Accordingly, and in full compliance with Board of Regents of the University System of Georgia Policy governing copyrights and patents (see Policies of the Board of Regents Section #603 ) University of West Georgia does hereby establish the following policy with respect to the ownership of copyrightable and patentable materials resulting from the work of its faculty, staff, and students, on projects and activities supported in part or fully by the use of University resources.
402.0201 "Intellectual Property" shall be deemed to refer to patentable materials, copyrighted materials, trademarks, software, and trade secrets, whether or not formal protection is sought.
402.0202 "Copyrighted Materials" shall include the following:
402.0204 Glossary of Terms
402.0301 Individual Effort. Copyrightable and patentable materials produced by employees of the University of West Georgia shall be the exclusive property of the employees if there is no significant use of University personnel or facilities (libraries excluded) and the materials are not prepared in accordance with the terms of a contract or grant or as a specific University assignment. A faculty member's general obligation to produce scholarly and creative works does not constitute a specific assignment.
402.0302 University-Assisted Individual Effort. Joint rights of ownership and/or sharing of royalty income shall be ensured where the University provides significant support of an individual's effort resulting in copyrightable/patentable materials by the contribution of faculty or staff time, facilities (libraries excluded), or University resources. Division of income from royalties and other use shall be agreed upon in writing by members of the University and appropriate administrative personnel in accordance with procedures of the University of West Georgia Intellectual Property Committee. Such written agreements between the employees and the University should be executed in the advance of the use of University personnel, facilities, or resources. In the absence of a written agreement, the rights of ownership and royalties shall be determined by the Intellectual Property Committee subject to the Policies of the Board of Regents of the University System of Georgia.
402.0303 University-Assisted Effort. Ownership of copyrightable and/or patentable material developed as a result of assigned University duties shall reside with the University; however, sharing of royalty income with the author/inventor is authorized as an incentive to encourage further development, research, and intellectual inquiry.
402.0304 Sponsor-Supported Efforts. Rights to copyrightable/patentable materials developed as a result of work supported partially or fully by an outside agency through a contract or grant shall be disposed of in accordance with the terms of the contract or grant. In those cases where all rights are vested in the University or in cases where royalty income is shared between the sponsor and the University, the author may appropriately share in the income. The nature and extent of author participation in royalty income, however, shall be subject to sponsor and university regulations.
402.04 Reporting Intellectual Property
University of West Georgia personnel engaged in research or creative activities are encouraged to file a written report through the Intellectual Property Committee to establish ownership rights to any copyrightable/patentable materials that may be produced prior to the use of institutional resources.
402.05 Administrative Procedures
The President shall designate the Institution's Intellectual Property Officer and establish a University of West Georgia Intellectual Property Committee.
402.0501 Intellectual Property Officer. The Intellectual Property Officer, a member of the general faculty, shall serve at the pleasure of the President and be responsible for and active in all matters relevant to copyright/patent policies and procedures of the University. The Intellectual Property Officer shall provide advice and assistance in copyright/patent related matters to the faculty, staff, and students; to the President and administration of the University; and to Sponsored agencies bound to the University by contract or grant obligations. The Intellectual Property Officer shall work with the University of West Georgia Intellectual Property Committee to develop and monitor institutional policies and procedures. The Intellectual Property Officer shall maintain records, executed copyright/patent/royalty agreements, and official correspondence of his or her office and of the Intellectual Property Committee.
402.0502 Intellectual Property Committee. The Intellectual Property Committee shall be a standing body and shall report to the President through the Intellectual Property Officer. The Intellectual Property Committee shall consist of seven members: two from the College of Arts and Sciences (one from science/technical areas and one from a field in the arts), and one each from the College of Business, College of Education, Ingram Library, Division of Business and Finance, and Division of Budget and Research Services. The President shall solicit nominations for the committee from the supervisors of the administrative units indicated above. Members shall be appointed by the President and serve three-year (staggered) terms. The President shall designate a chair from among the members of the committee.
A. Duties. The Intellectual Property Committee shall:
In the event of a disagreement as to the ownership of intellectual property or to the recommended distribution of royalties, the University of West Georgia employee (faculty, staff, or student) shall have the right to appeal to the Intellectual Property Committee, then appeal to the President of the University, and then to the Board of Regents of the University System of Georgia.