Intellectual Property Policy

Statement of Policy

Excelsior College recognizes that materials placed in the hands of students, prospective students, and the general public through the resources and communications capabilities of the College fall into three categories:

  1. Materials developed by faculty, staff, or independent contractors while using College resources or receiving compensation from the College for developing such materials.

    The College regards such materials as "works written for hire," and retains sole ownership of such materials, together with the sole right to revise, publish, and distribute such materials, whether in print, electronically, or by any other means.
     
  2. Materials developed in collaboration with other entities.

    Ownership of such materials will be determined by the provisions of agreements between or among the parties in each such case. Such agreements will describe the nature of the undertaking, the role of each party, and the nature and proposed use of the end product; and will specify the rights of each party with respect to such materials.
     
  3. Materials developed by College faculty or staff outside of working hours and not involving significant use of College-owned or administered resources or intellectual property of the College, or materials developed prior to employment by the College.

    The College claims no ownership of such materials. Such materials in which a faculty member or staff member claims a copyright will be noted in the published material.
     
  4. While the College retains sole or partial ownership of materials described in items 1 and 2 above, it regards the identification on such materials of writers, editors, and contributors as desirable, both to enhance the professional reputation of the writers, editors, and contributors, and to attest to the intellectual quality of the material.

    The College encourages such individuals to include their contributions on their resumes. The faculty or staff whose names appear on editions of a work published by the College will be those who did the bulk of the work, whether as author, editor, or contributor. Those whose contribution to a work was advisory or supervisory in nature will be acknowledged for that contribution only.
     
  5. Each Excelsior College faculty and staff member, and each contractor engaged to assist in the creation of intellectual property, must sign a letter of agreement or contract which includes language clarifying ownership of such intellectual property.

Procedure

  1. As part of the initial planning process for a new or revised publication or course, the individual(s) responsible for developing or revising it will designate in writing who has been assigned as contact person(s), editor(s), contributor(s), or author(s). They will assure that each participant in a project has signed the Intellectual Property Agreement and they will keep a copy of the Agreement. The original signed Agreement will be sent to the office of the Vice President for Academic Affairs. If the roles change or new participants join the creative process, the contact person will update the file assigning roles and will assure that new members have signed the Intellectual Property Policy.
  2. The Office of Publications will maintain a list of the authors, editors, and contributors for each edition of all publications.