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. These policies apply to students, faculty and staff. (Intellectual property rights)

Compliance Judgment

X     In compliance     Partially compliant     Non-compliant

Narrative

Francis Marion University’s intellectual property policy appears in the Faculty Handbook 2016 [1] and the Student Handbook 2017-2018 [2]. It is also distributed to all new employees upon hire by the Human Resources Office [3].

The University defines intellectual property as “works created by the individual and at the individual’s own initiative for academic purposes. These works would include but not be limited to, scholarly works, class notes, class syllabi, books, articles, literary compositions of any discipline, artistic works, scientific works, dance, sculpture, visual arts, audiovisual works…, sound recordings, as well as courseware development for distance education programs” [4].

The policy on page seven of the Faculty Handbook 2016 states that “each faculty member, staff member, or student shall be the copyright owner of [these] works,” and “revenue derived from Intellectual Property owned by individuals belongs to the individuals.” Nevertheless, the policy allows that “clarification of ownership and/or rights to Intellectual Property may be necessary” [5].

Provisions for ownership disputes are described on page seven of the Faculty Handbook 2016, in which cases “a memorandum of agreement regarding Intellectual property rights” may be initiated between the University and the relevant parties at any time. Specifically, “if the intellectual property is commissioned by the University or one of its components pursuant to a signed contract or is created as a specific requirement of employment or as an assigned duty…the Intellectual Property is owned by the University unless prior agreement has been made otherwise. Revenue derived from Intellectual Property owned by the University is credited to the University’s general funds.” Joint ownership may also occur if a “substantial use of University resources or facilities” is used, where a written agreement will be necessary [6].

The Faculty Life Committee is charged with regularly reviewing the Intellectual Property policy. The policy on page seven of the Faculty Handbook 2016 provides that disagreements about development of Intellectual Property “shall be submitted to the Provost for further action as may be deemed necessary” [7]. The Faculty Life Committee also reviews these disagreements, making their own recommendations to the Provost. If there is disagreement between faculty, staff, or student(s) and the Provost, then the President becomes the final arbiter.

Francis Marion University’s policies related to intellectual property rights have been implemented. For example, the policies prompted a change in the “Academic Freedom Defined” section of the Faculty Handbook 2016 as described in these Attachment to Faculty Senate Minutes [8]. A query of the University’s General Counsel, the Chair of the Faculty Life Committee, and senior staff in the Provost Office reveals no more recent records or reports of violations.

Documentation

1. Faculty Handbook 2016-2017, Intellectual Property Rights, p. 6-7
2. Student Handbook 2017-2018, Intellectual Property Rights, p. 70-71
3. Intellectual Property Rights Distribution to Newly Hired Staff
4. Faculty Handbook 2016-2017, Intellectual Property Rights, p. 7
5. Faculty Handbook 2016-2017, Intellectual Property Rights, p. 7
6. Faculty Handbook 2016-2017, Intellectual Property Rights, p. 7
7. Faculty Handbook 2016-2017, Intellectual Property Rights, p. 7
8. Attachment to Faculty Senate Minutes, March 27, 2007, Intellectual Property Rights Policy Implementation