Each Excelsior faculty and staff member, and each contractor engaged in the creation of intellectual property, must sign a letter of agreement or contract which includes language clarifying ownership of such intellectual property.
Intellectual property includes:
- Materials developed by faculty, staff, or independent contractors while using Excelsior resources or receiving compensation from Excelsior for developing such materials. The University 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 in any other means.
- 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; the agreement will specify the rights of each party with respect to such materials.
- Materials developed by Excelsior faculty or staff outside of working hours and not involving significant use of Excelsior-owned or administered resources or intellectual property of the University, or materials developed prior to employment by the University. Excelsior 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.
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 Provost. 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.