Intellectual Property Rights Policy

5.5 Intellectual Property Rights

As an institution of higher learning, Randolph-Macon College actively promotes creativity and innovation among faculty, students, and staff. Such activity may produce intellectual property, including works eligible for copyright protection and inventions eligible for patent protection under U.S. law.

Randolph-Macon College subscribes to the 1940 Statement of Principles on Academic Freedom and Tenure jointly adopted by the American Association of University Professors (AAUP) and the Association of American Colleges. This statement affirms that teachers are entitled to freedom in research and publication, subject to the adequate performance of their academic duties, and emphasizes that institutions of higher education exist for the common good through the free search for truth.

The purpose of this policy is to promote academic freedom while protecting the rights of creators and the legitimate interests of the College in the use of its resources.

5.5.1 Definitions

College Resources

Funds, equipment, facilities, or personnel provided by the College beyond ordinary support for teaching or professional activity.

Copyrightable Work

Any original work of authorship fixed in a tangible medium of expression, including literary, artistic, musical, dramatic, photographic, audiovisual, digital works, course materials, software, and similar works protected under U.S. copyright law.

Creator

Any individual or group who originates, develops, authors, designs, discovers, invents, or otherwise produces intellectual property. This includes faculty, staff, students, and invited academic visitors.

Intellectual Property

Any product of intellectual or creative activity that can be legally protected, including copyrightable works, patentable works, trademarks, trade secrets, software, databases, tangible research materials, and other scholarly, artistic, pedagogical, or inventive works.

Inventor

An individual who conceives, discovers, or first reduces to practice a patentable work.

Invited Academic Visitors

Non-employees temporarily affiliated with the College for scholarly, artistic, instructional, or research purposes.

Patentable Work (or Invention)

Any invention, discovery, process, method, composition of matter, machine, article of manufacture, software, prototype, tangible research material, or improvement thereof conceived or first reduced to practice through College-related activities.

Significant Use

Substantial or extraordinary use of College resources, such as dedicated staff assistance, specialized laboratories, targeted financial support, or substantial administrative support.

Sponsored Research

Professional activity supported in whole or in part by an external entity under a grant, contract, or agreement administered by the College.

5.5.2 Works Owned by the Creator (Default Ownership)

Consistent with academic tradition and the AAUP Statement on Copyright (1999), Randolph-Macon College does not claim ownership of copyrightable or patentable works created independently by faculty, staff, students, or invited academic visitors when:

  • No significant College resources are used; and
  • The work is not created under a sponsored research agreement.

This applies regardless of the medium or format of the work.

5.5.3 Works for Hire – College Ownership

“Works for Hire” are copyrightable or patentable works created specifically at the direction of the College.

A written agreement is required when a faculty or staff member is released from other College duties to undertake such work.

All Works for Hire are the exclusive property of the College.

5.5.4 Joint Works – Shared Ownership

Traditional co-authorship among faculty, staff, students, or collaborators from other institutions is considered creator-owned work.

However, the College may assert co-ownership under certain circumstances, including:

  • Significant use of College resources; or
  • External sponsorship agreements that allocate intellectual property rights.

A. Significant Use

The following do not constitute significant use:

  • Office or classroom space
  • Libraries
  • General computing facilities
  • Equipment routinely used in normal academic duties
  • Brief or exploratory use of specialized facilities

Significant use includes:

  • Use of College laboratories or specialized equipment beyond normal teaching or professional activities
  • Dedicated assistance from College employees
  • Special financial support beyond ordinary faculty or student support
  • Extensive use of shared facilities

If the College determines significant use has occurred, it may request reimbursement for unusual support costs or assert co-ownership where appropriate. The College will consider the impact on academic freedom before asserting such rights.

B. Outside Co-Sponsorship

Works created under grants, contracts, or agreements administered by the College are subject to the intellectual property provisions of those agreements.

If an agreement requires a creator to transfer intellectual property rights to an external sponsor, the College may review the agreement and determine whether to assert a co-ownership interest.

Government-sponsored projects are subject to applicable government rights, including the right to reproduce and use the work for governmental purposes.

5.5.5 Notification Requirements

Creators must notify the Provost when Joint Works provisions may apply.

Upon notification, the President or designee will determine whether:

  1. The intellectual property is subject to Joint Works provisions; and
  2. The College will assert a co-ownership claim.

Employees entering contracts involving intellectual property rights or external sponsors must provide those agreements to the Provost for review before execution.

5.5.6 Reciprocity

For Joint Works:

  • If creators retain ownership, the College receives a nonexclusive, royalty-free license for internal educational and administrative use.
  • If the College holds all or part of the copyright, creators retain rights to:
    • Receive credit for their contributions
    • Use the work for instructional purposes
    • Incorporate it into future scholarly works

For Works for Hire, creators retain the same rights to attribution, instructional use, and incorporation into future scholarly works.

5.5.7 Intellectual Property Created Outside the Scope of Employment

Intellectual property created on personal time without significant use of College resources belongs to the creator, unless restricted by an applicable sponsorship agreement.

If exercising those rights may constitute outside employment, faculty members must consult with their Department Chair and the Provost. Applicable outside employment policies may then apply.

5.5.8 Rights Sharing

Creators and the College may mutually agree to share costs, ownership, and rewards associated with intellectual property.

When the College commercializes a patentable work in which it has a joint interest, it will remit:

  • 50% of net royalties to the creator(s)
  • After deducting commercialization expenses such as patent filing and legal fees

Alternative arrangements may be negotiated by mutual agreement.

5.5.9 Disputes and Appeals

Disputes

Ownership disputes will be heard by a special committee consisting of:

  • Two members selected by the creator(s)
  • Two members selected by the College
  • One chair selected jointly by those four members

All members must be Randolph-Macon College faculty or staff.

The committee will issue:

  • Findings of fact
  • Conclusions
  • A recommended resolution

Recommendations are submitted to the President.

Appeals

Appeals are governed by the College grievance procedures (Section 5.6) and are limited to alleged failures to follow the procedures established in this policy.