Report Submitted by the 2014 Intellectual Property Task Force INTELLECTUAL PROPERTY POLICIES

MembershipThe Intellectual Property Task Force consists of eight members, three of whom serve on Faculty Senate (Cindy Stewart, Ron Beebe, and Sergiy Koshkin). College representatives include Gail Evans, Penny Smith, Mian Jiang, Byron Christmas, and Hong Lin. Terms of Membership One academic year appointment Charge1.Review the UH System Intellectual Property Policies 2.Review Intellectual Property Policies Outside the UH System 3.Review of Case Law on Intellectual Property and Common Definitions 4.Draft an Intellectual Property Policy for Faculty Senate Review

SCOPE AND AUTHORITY OF POLICIES Federal & State LawUH System Board of Regents BylawsUH System Board of Regents PoliciesUH System Administrative Memoranda Component University Policies (UH, UHCL, UHV, UHD)

REVIEW OF UH SYSTEM INTELLECTUAL PROPERTY POLICIES UH SYSTEM BOARD OF REGENTS INTELLECTUAL PROPERTY POLICY

UH BOR Technology Ownership  UH BOR ownership claims are described separately for technology and copyrightable materials.  The BOR owns all IP rights for technology that is conceived or reduced to practice by any person engaged in University research. Policies Conforming with Best Practices  UT provides a two-part description of ownership, which includes IP owned by the creator, and IP owned by the UT BOR. COMPARISON OF THE UH BOARD OF REGENTS INTELLECTUAL PROPERTY POLICY WITH “BEST PRACTICES”

UH BOR Copyright Ownership  Ownership of copyright will be asserted for films, audiovisual works, slide programs, film strips, sound and video recordings with original performances, and programmed instructional materials. Policy Conforming with Best Practices  UT provides a description of situations in which the BOR will and will not assert ownership.  UT provides a description of what circumstances render ownership to the creator/author. COMPARISON OF THE UH BOARD OF REGENTS INTELLECTUAL PROPERTY POLICY WITH “BEST PRACTICES”

UH BOR Description of University Research/Support  University Research includes all research, activities, or work within the scope, or related to a person’s expertise, or general area of employment responsibility, or that has resulted from activities performed by the person on University time, with University support of funds or facilities, including work under a research agreement with an external sponsor and research conducted by anyone, whether or not a person as defined in this policy, who utilizes University resources.  University Support is defined as, but not limited to equipment, materials, staff services, university departments or units used in the development of copyrighted materials at no expense to the creator, as well as support for the development of copyrightable materials such as money in excess of normal salary, reduced teaching load, release time, or resources from university, college, or department. WIPO Definitions of University Resources  Differentiate between insignificant and significant use of University resources.  Specify what University support does not include. COMPARISON OF THE UH BOARD OF REGENTS INTELLECTUAL PROPERTY POLICY WITH “BEST PRACTICES”

UH BOR Ownership of Online Course Materials  For the purposes of this policy, a work whose presentation and use are interactive (other than for the purposes of searching the text or otherwise locating material, or for verifying answers) will be regarded as a computer program rather than a book. When questions of ownership arise, and until the dispute is resolved, it will be managed as though the University owns the copyright. Policies Conforming with Best Practices  University of Tulsa IP policy states that all rights to copyrightable material in educational materials for online courses, including software developed as a component of education materials shall belong to the author, subject to University to a royalty-free license to use the educational materials for online courses for research and educational purposes, and to make modifications and improvements to the educational materials.  Kansas State specifies ownership of content and presentation in their IP Policy.  When a creator of courseware develops an idea for a new course, or changes an existing course without substantial use of University resources and without begin institution directed, the ownership of both the IP and presentation remain with the employee.  In situations in which there was substantial use of University resources, the University makes no claim to the IP of the courseware. However, the ownership of the presentation or materials remain with Kansas State University. COMPARISON OF THE UH BOARD OF REGENTS INTELLECTUAL PROPERTY POLICY WITH “BEST PRACTICES”

1. 2. THE UHD INTELLECTUAL PROPERTY TASK FORCE RECOMMENDS THE FOLLOWING: Provide a link to the UH Board of Regents Intellectual Property Policy, on the UHD Policies and Procedures Webpage. UHD Faculty Senate President discuss with UH Component University Faculty Senate Presidents our identified concerns about the UH Board of Regents Intellectual Property Policy adherence to best practices.