Indiana University Intellectual Property policy

Who AND WHAT OF THE Intellectual property policy Who is covered under the Policy? Employees, full or part time Persons with a University appointment Whether or not these persons receive compensation Students, full or part time All other persons creating Intellectual Property using University resources What is covered under the Policy? All Intellectual Property created with University resources in whole OR in part. “University resources” is not exclusive to money and includes time, equipment, personnel, facilities, etc.

Categories of intellectual property The two main categories of Intellectual Property under the Policy are: 1) Patentable Intellectual Property and 2) Copyrightable Works

Categories of intellectual property Trademarks are addressed by a separate policy, which can be located at: http://policies.iu.edu/policies/categories/financial/licensing-trademarks/FIN-LT-licensing-and-trademark-policy.shtml Questions regarding trademarks should be sent to Val Gill, Director of Licensing and Trademarks, vkgill@iu.edu.

What is patentable intellectual property? “‘Patentable Intellectual Property’ describes inventions, discoveries, and manufacturing designs that have been conceived or first actually reduced to practice, and are novel, useful, and non-obvious, and therefore likely to be subject to protection under United States patent law.” Examples: chemical compound, drug, machine

Process for patentable works When a patentable invention is developed, the creator notifies IURTC (Indiana University Research and Technology Corp.). IURTC has forms for this: http://iurtc.iu.edu/process/tech-comm/disclosure.shtml. IURTC is the organization assigned to hold and manage the University's Intellectual Property. IURTC will then determine whether or not the University would like to seek patent protection and will notify the creator within 60 days. Evaluations are conducted by subject matter experts, and they consider factors such as: If comparable technologies are already on the market How this discovery compares to those technologies Whether the discovery may require a patent or copyright The time and investment that will be needed to bring the discovery to market The size and growth potential of market demand for this technology

Process for patentable works Once someone develops an invention subject to this Policy (with University resources), they assign their right, title, and interest in the invention to the University. And so… “The University owns and shall have the sole right to determine the disposition of Patentable Intellectual Property under this Policy, including decisions concerning patent licensing and sale.” If the work is patented and has commercial application, the creator will share in the distribution of revenues based on the schedule in the Intellectual Property Policy.

What is copyrightable intellectual property? “‘Copyrightable Intellectual Property’ describes original works of authorship that have been fixed in a tangible medium of expression, including books, articles, music, software, traditional or electronic correspondence, and instructional materials (including Online Instructional Materials), that are likely to be subject to protection under United States copyright law.” IU’s Intellectual Property Policy divides the larger category of Copyrightable Intellectual Property into two sub-categories: Traditional Works of Scholarship and University Works

Traditional works of scholarship Traditional Works of Scholarship refers to scholarly and creative works, regardless of form, that have been created by academic appointees or students, and are: Not Patentable IP, Not works that have been the subject of Exceptional University Support, and Not works that have been the subject of external grants or contracts

Traditional Works of Scholarship Examples include: Scholarly publications and journal articles Books Poems and works of music or art Instructional material such as syllabi, assignments, and tests Play scripts and theatrical productions Research bulletins Monographs Non-patentable software

allocation Of RIGHTS for Traditional Works of Scholarship “The University shall assert no claims to copyright ownership in or to distribution of revenue from Traditional Works of Scholarship.” However, the University may use Traditional Works of Scholarship that have been created for ordinary classroom and program use for administrative purposes, which can include: Course equivalency exams (i.e. assessing transfers), Accreditation review; and “Other functions that allow the University to fulfill its responsibilities for accountability.” In the case of Online Instructional Materials, if the creator leaves the University, IU retains a non-exclusive, royalty-free, worldwide, unlimited license to use and revise the content for online instruction.

Traditional works of scholarship An important take-away: THE CREATOR HOLDS THE COPYRIGHT This means that the creator – and not IU legal counsel– is responsible for defending and monitoring copyright status, making all necessary filing to protect the work, and negotiating agreements relating to the work (e.g. copyright permissions and licensing).

What are University Works? There are four categories of University Works. #1: Copyrightable Intellectual Property that has been specifically commissioned by a University office, and, except as expressly provided otherwise in writing, includes recordings of performances, presentations, talks, or other educational or extracurricular activities of University students, faculty, staff, visitors, and/or third parties, that are made by or at the request of the University.

What are University works? #2: Copyrightable Intellectual Property created by non-academic appointee employees (i.e., staff). #3: Copyrightable Intellectual Property developed through external funding (e.g., grants) – but note, the funding agreement supersedes this Policy.

What are University Works? EXCEPTIONAL university SUPPORT #4: Copyrightable Intellectual Property developed with Exceptional University Support. What is Exceptional University Support? Financial or other support for research and teaching activities that exceeds the norm for faculty or student teaching or research in that field or department. This will often depend on the circumstances. In the case of Online Instructional Materials, this includes designated technical assistance in developing an online course (e.g. audio-visual department personnel or a graduate assistant); purchase of specialized software, hardware, or third party services for a specific project; and special release of student or faculty responsibilities to allow time for the project to be developed. Again, this all must EXCEED the norm for traditional courses.

exceptional university support Another important take-away: In all instances of Exceptional University Support, a written agreement must be signed between the University and the creator making explicit the work’s status as having received Exceptional University Support (and therefore being a University Work).

exceptional university support What Exceptional University Support is NOT: Ordinary library services Sabbatical funding Ordinary clerical or administrative support Use of office or lab supplies and equipment Funding for endowed chairs The award of competitive internal research or teaching grants Merely assigning a faculty member to teach a course that uses instructional materials that are provided to students electronically For Online Instructional Materials, Exceptional University Support is NOT: Basic instructions on web composing and the online instructional process Occasional troubleshooting and use of University servers and software Ordinary use of University servers and software platforms Consultation with relevant University offices with respect to creator’s rights under the IU Intellectual Property Policy

Process for University works The division of the University that has commissioned or provided Exceptional University Support for the work must notify IURTC and give IURTC its opinion about the commercial potential of the work. As with patents, IURTC will determine whether or not to take up the work. If IURTC declines, the division of the University may instead manage (but not own) the copyright in consultation with the Office of the Vice President and General Counsel. “The University owns and retains all right to use and commercialize University Works.” Much like with patents, the creator assigns his or her right, title, and interest in the work to the University.

Role of IU general counsel Copyright questions regarding University Works shouldbe sent to the Office of the Vice President and General Counsel, and copyright will be held by The Trustees of Indiana University, as opposed to individual authors. “The Office of the Vice President and General Counsel is the only source of legal advice within the University and shall only provide legal advice to the University, nor to individual authors with respect to work in which they own the copyright.”

Allocation of rights for University works Regarding the revision of University Works: IU agrees to respect the rights of the author(s), either withdrawal or revise works that have become obsolete, consult with creators no longer employed at IU regarding proposed revisions, provide authors the first offer to create any desired revisions, and provide all creators the opportunity to request withdraw or revision of their authored Works for academic integrity purposes. IU will acknowledge those who have made a substantial contribution to a University Work, unless otherwise preferred by the contributor. University bears responsibility for defending and protecting these works. However, authors do have the ability to request the University take legal action if the work is being infringed upon.

Other aspects of the Intellectual Property policy Dispute resolution is handled by the Intellectual Property Council. In general, a creator has 30 days to challenge a decision of IURTC or the University, and a return decision is expected back in another 30 days. The Creator or the Council can appeal up to the President, whose decision is final. More details about and functioning and makeup of the Council can be found in the Intellectual Property Policy. The details of the revenue sharing provisions have not been included here for the sake of brevity. The full provisions can also be found in the Intellectual Property Policy. Although the Intellectual Property Policy described here is the official and default Policy of the University, exceptions can be made by written agreement with the consent of the President.

For more information Contact University Works: Jennifer Westerhaus Adams, Associate General Counsel jeweadam@iu.edu Traditional Works of Scholarship: Naz Pantaloni, Copyright Program Librarian nazapant@indiana.edu IURTC and Patentable Intellectual Property: Bill Brizzard, Director of Technology Commercialization bbrizzar@iu.edu The full Intellectual Property Policy is available here: http://policies.iu.edu/policies/categories/administration-operations/intellectual-property/intellectual-property.shtml