Section III: Comprehensive Standards

3.2.14.  The institution’s policies are clear concerning ownership of materials, compensation, copyright issues, and the use of revenue derived from the creation and production of all intellectual property. This applies to students, faculty and staff.

JUDGMENT OF COMPLIANCE

Compliance.

NARRATIVE/JUSTIFICATION FOR JUDGMENT OF COMPLIANCE

Northeast Alabama Community College demonstrates compliance through the publication of a clear policy concerning intellectual property. The mission of the institution is “to provide accessible quality educational opportunities, promote economic growth, and enhance the quality of life for the people of Alabama.” Although not a research institution, Northeast encourages its students, faculty, and staff to pursue initiatives that will create intellectual properties.

The Intellectual Property and Distance Education Course Ownership Policy of the college was approved by the NACC Faculty Council on March 18, 2002. The policy is published in the Student Handbook section of the college Catalog and in the Faculty & Staff Handbook, both of which are available in print and online.

The Intellectual Property and Distance Education Course Ownership Policy is as follows: 

·        Any ownership or royalty issues not discussed herein shall be determined on a case-by-case basis prior to the development of the course.

·        If a student, faculty, or staff member develops an original course offering, without any assistance or resources of the college and completely on his or her own time, then he or she shall retain one hundred percent (100%) ownership of the intellectual property rights to the course, including the right to all proceeds should the course become commercially marketable.

·         If a student, faculty, or staff member develops an original course offering using any assistance or resources of the college but completely on his or her own time, then he or she shall be entitled to receive fifty percent (50%) of any royalties should the course become commercially marketable. The college, however, will retain full ownership of the intellectual property rights to the course.

·         If a student, faculty, or staff member develops an original course offering using any assistance or resources of the college and on release time, then he or she shall be entitled to receive twenty-five percent (25%) of any royalties should the course become commercially marketable. The college, however, will retain full ownership of the intellectual property rights to the course. To obtain release time to develop a course, a student, faculty, or staff member must obtain prior permission from the president.

·         If a course is developed using either a combination of resources and/or release time, then the student, faculty or staff member understands and agrees that the college may offer the course to the Alabama Distance Learning Consortium for offering by member colleges of the Consortium. In such circumstances, the respective property rights of the student, faculty, or staff member and the college will be proportionally reduced according to any further development time invested by other member colleges of the Consortium.

·         Students, faculty, or staff will formalize their agreement with the approval both of the appropriate dean and the president.

The Northeast policy is consistent with State Board of Education Policy 321.01 governing copyright, trademark, and patent ownership issues.

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