Intellectual Property, Presentations, Copyrights, and Patents: Global Faculty
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During the course of your work at New York Institute of Technology, you may have the opportunity to create what is legally known as intellectual property. The following policy and procedures govern the respective rights of both the concerned faculty member and the institution:
- Both parties acknowledge that new technologies and changes in educational methods can be expected, but they agree to construe this article to achieve the purposes of encouraging and supporting innovation and discovery.
- As soon as practicable, a faculty member shall advise the Vice President for Academic Affairs that he or she is, or intends to be, engaged in: (a) the development of intellectual property; or (b) research which may result in the development of intellectual property. In that disclosure the faculty member will, among other things, identify whether the intellectual property is being developed for: (a) the faculty member; or (b) New York Institute of Technology; or (c) some other entity.
- Intellectual property refers to any trademarkable, copyrightable or patentable matter or discovery, know-how, research, or any intellectually created tangible thing or matter including, but not limited to: creative or artistic works, books, texts, articles, monographs, glossaries, bibliographies, study guides, laboratory manuals, syllabi, tests and work papers; lectures, musical and/or dramatic compositions, unpublished scripts, films, filmstrips, charts, transparencies, other visual aids; video and audio tapes and cassettes; computer programs, live video and audio broadcasts; programmed instruction materials, drawings, paintings, sculptures, photographs and other works of art.
- Personal Research – NYIT waives all claim to or equity in any discovery or invention of its faculty resulting from personal research and in any patents that may issue therefrom. Personal research shall mean research not related to any university research program and for which the University makes no special contribution of time, facilities, materials or monies. The payment of a salary and the provisions of a normal academic environment in which to work are not to be considered as giving the University any financial equity in personal research, but the University expects the faculty member to create syllabi, assignments, and tests for students in the classes of the faculty member, in which event the University and the faculty member agree that the faculty member shall use such materials in the classes taught by him or her. The syllabi, assignments, and tests shall remain the property of the faculty. The blackboard "cartridge" which includes the syllabus, assignments, course documents, and assessments of student works, will be owned by the faculty member unless the faculty member authorizes it to be utilized outside of the University, in which case the income, if any, from its use shall be divided equally between the faculty member and NYIT, unless otherwise agreed.
- University Sponsored Research – University sponsored research shall mean any research activity supported by the University through special grants, special purchases, or specially reduced teaching load paid for by funds administered by the University, regardless of the source of such funds. In addition, University Sponsored Research shall include intellectual property developed with the assistance of specially provided professional or technical assistance (including the assistance of faculty or staff of NYIT), even though this research does not result from a University grant, purchase, or from a reduced teaching load. NYIT shall own all right, title and interest in patents resulting from University Sponsored Research, reserving the right to direct the assignment thereof to its designated agent, implicitly governing its action with due regard to the protection of the rights of the University and the interests of the inventor or inventors. NYIT shall bear all costs for patent applications made for University Sponsored Research. In the event that income accrues to NYIT from the administration of a patent or invention in which the University has an interest, fifty percent (50%) of the net income, if any, shall be paid to the inventor or inventors, his/her or their heirs, executors, administrators or assignees, and fifty percent (50%) of the net income, if any, shall be received by the University, unless otherwise agreed between the parties. The University must provide a detailed description of how net income will be calculated at the inception of the project.
- The payments to which the faculty member shall be entitled in connection with the use of the intellectual property resulting from University Sponsored Research shall be made annually, by March 31 for the prior calendar year, unless otherwise agreed between the parties. The faculty member shall be given at the same time a detailed showing of the computation of the 2 amounts remitted.
- Outside Sponsored Research – Under the terms of certain contracts and agreements between the University and various agencies of government and/or private and public corporations, the University is, or may be, required to assign all patent rights to the contracting party. The University retains the right to enter into such agreements whenever such action does not violate the spirit of this Article and is considered to be in the best interests of the University. The inventor or inventors shall be informed of all such agreements prior to final negotiation. In the event that income accrues to NYIT from the administration of a patent or invention in which the University has an interest, fifty percent (50%) of the net income, if any, shall be paid to the inventor or inventors, his/her or their heirs, executors, administrators or assignees, and fifty (50%) of the net income, if any, shall be received by the University, unless otherwise agreed between the parties. The University must provide a detailed description of how net income will be calculated at the inception of the project.
- If any tape recordings (either audio or video) or electronic copies are made of courses, they shall be made only with the advance permission of the participating faculty member, unless circumstances require an accommodation pursuant to the Americans with Disabilities Act. Such copies, if any, shall remain the property of the faculty member and shall be used only as the faculty member permits, except that the tapes must be used in connection with the instruction provided by the faculty member to those students in the faculty member's class who may need a reasonable accommodation utilizing the audio or video tape.
- The University and faculty member will cooperate in the completion of all documents deemed necessary by the parties to confirm their respective rights, title and interest in the Intellectual Property developed pursuant to this Article.