麻豆传媒

Policy

Ramapo College of New Jersey (the 鈥淐辞濒濒别驳别鈥�) is committed to an academic environment that fosters creativity, innovation and the free flow of ideas among its faculty, staff and students. The College desires to promote these principles among its constituencies by supporting the development of works and creations through research and scholarship.

Reason for Policy

This Policy establishes the parameters in which intellectual property rights at the College are defined for students, faculty, staff and independent contractors.

To Whom Does the Policy Apply

All College faculty, employees, students and contractors

Supplemental Resources

• Procedure 402: Intellectual Property
• Policy 461: Copyright and Duplication (url)

Contacts

Office of General Counsel

I. Purpose

听The purpose of this policy is to define the rights of Ramapo College of New Jersey (the 鈥淐辞濒濒别驳别鈥�) and its faculty, staff, students and contractors concerning intellectual property rights in created works and/or inventions.

II. Definitions

听For purposes of this policy, the following terms shall have the following meanings:

• 鈥淐辞濒濒别驳别鈥� shall mean Ramapo College of New Jersey.
• 鈥淓xtraordinary Use鈥� shall mean the use of resources (i.e. facilities; financial; administrative technical, etc.) that are above and beyond the resources that are commonly provided to an employee.
• 鈥淔补肠耻濒迟测鈥� shall mean the full-time, part-time and adjunct teaching faculty at the College.
• 鈥淚ncidental Use鈥� shall mean normal academic use of resources commonly available to an employee such as the use of an employee鈥檚 office, computer, internet services, library facilities and/or office equipment.
• 鈥泪苍惫别苍迟颈辞苍鈥� shall mean any patentable or non-patentable creation or discovery of a process, technical information, method, technique, data or other proprietary idea or matter.
• 鈥淢补谤办蝉鈥� shall mean the College鈥檚 ownership or proprietary interest in any trademark, service mark, logo, or other distinguishing mark.
• 鈥淚ntellectual Property鈥� shall mean, in a collective context, a work or invention in any medium that may be protected by copyright, proprietary right, trade secret protection, patent and/or trademark.
• 鈥沦迟补蹿蹿鈥� shall mean all other non-faculty employees at the College, including managers and senior administrators.
• 鈥沦迟耻诲别苍迟鈥� shall mean an individual attending the College and taking undergraduate or graduate classes in a matriculated or non-matriculated status.
• 鈥淲辞谤办鈥� shall mean an original work of authorship produced through a creative effort that is fixed in a tangible medium of expression from which it can be perceived, reproduced, or otherwise communicated either directly or with the aid of a machine or device.

III. 听Intellectual Property Rights of Faculty

A. Ownership of Copyright *听

1. When a member of the negotiations unit during the course of their employment creates a product that constitutes copyrightable property, the ownership of copyright to such property shall reside as follows:

a. Faculty members shall be the sole owners of the copyright if:

(1) The copyrightable property is embodied in textbooks, manuscripts, scholarly works, works of art or design, musical scores and performances, dramatic works and performances, choreographic works, popular fiction and non-fiction works, poems, or other works of the kind that have historically been deemed in academic communities to be the property of their author, including lecture notes, course outlines, handouts, exercises and tests developed by employees to support their own teaching activities unless covered under b. below; or

(2)听 The copyrightable property is embodied in a storage medium such as films, videos, audio recordings, multimedia materials, distance learning materials, and courseware unless covered under (b) below; or

(3)听 The copyrightable property has been released by the College to the creator; or

(4)听 The copyrightable property is created on sabbatical leave with no more than incidental use of College facilities

(5)听 The copyrightable property is exclusively created by the College employee on their own time, unrelated to their job duties and responsibilities and not using any College resources.

b. The College shall be the sole owner of the copyright if:

(1)听 The copyrightable property is embodied in a work that is commissioned by the College pursuant to a signed contract; or

(2)听 The copyrightable property is embodied in a work that the faculty member is specifically assigned to create; or

(3)听 The College indicates, in writing, at the time it grants an alternate assignment within load, that it intends to claim ownership of copyright to any work made possible by the alternate assignment; or

(4)听 The copyrightable property is created with more than incidental use of the College facilities or financial support.

c. The ownership rights described in (b) above may be modified by an agreement between the creator and the College.

d. Copyright ownership of any type of recorded synchronous course shall be determined by mutual agreement between the creator and the College. The parties shall enter such agreement prior to the recording of the course.

e. The copyrightable property that is created in the course of research supported by the College which is funded by the College and/or a sponsor pursuant to a grant or research agreement, or which is subject to a materials transfer agreement, confidential disclosure agreement or other legal obligation affecting ownership, will be governed by the terms of such grant or agreement, as approved by the College. The College will ordinarily own copyright to such property.

B. Inventions

1. The ownership rights of an invention created by a faculty member while employed will be determined based upon an evaluation of the following criteria:

a. Use of incidental or extraordinary College resources by the faculty member in creating the invention;

b. Whether the faculty member was assigned, directed or specifically funded by the College to create the invention; and

c. Whether development of the invention directly resulted from the faculty member鈥檚 job duties.

2. Any potential invention by a faculty member shall be disclosed to the Office of the Provost as soon as practicable.

3. In the event there is any potential financial return from an invention, the faculty member and College will stipulate the allocation of net revenues and other related terms in a written agreement mutually agreed upon by the parties.

4. Any invention that is exclusively created by a College faculty member on their own time, unrelated to their job duties and responsibilities and not using any College resources will be owned by the faculty member.

IV. Intellectual Property of Staff

A. Any work or invention that is created by a College staff member during the course of the staff member鈥檚 employment, shall be considered a work for hire and such work shall be owned by the College.

B. Any work or invention that is exclusively created by a College staff member on their own time, unrelated to their job duties and responsibilities and not using any College resources will be owned by the staff member.

V. Student Intellectual Property Rights

A. Intellectual property, including copyright in all academic materials (i.e. term papers; projects; presentations; theses; etc.) created and developed by a student while attending the College is owned by the student.

B. Any work or invention that is exclusively created by a student on the student鈥檚 own time, unrelated to the student鈥檚 academic progression and not using any College resources will be owned by the student.

C. Any work or invention created by a student in the capacity as a student worker or graduate assistant or when a student receives a payment from the College for such work or invention, is owned by the College.

D. Any work or invention that is transferred to the College by means of a written agreement is owned by the College.

E. Intellectual property developed by a student is owned by the College if the student substantially uses College facilities in furtherance of the invention or work.

VI. Copyright with Contractors and Non-Employees of the College

Any ownership of copyright in any work for the College is determined by a written agreement by the contractor/non-employee and the College. Generally, the College considers such work as a work for hire, which gives the College, and not the contractor/non-employee, full and complete ownership of the work.

VII. College-Owned Copyright

A. Any work that is created as a result of a College-paid, assigned duty is owned by the College with the author being granted a limited, no-cost, royalty-free license for non-commercial research and educational purposes.

B. Any work that is created pursuant to a written agreement with the College that specifically provides that the College owns the copyright in the work.

C. Any work that is created pursuant to a sponsored research project and/or receipt of external sponsored funding.

D. Any work created with extraordinary use of College resources.

VIII. 听Dispute Procedures

A. For disputes arising under this policy involving faculty, College management and the local collective negotiations unit shall mutually agree upon specific procedures for adjudicating such dispute.

B. If a dispute exists under this policy involving a College student or staff members, the Office of the General Counsel shall appoint a three-member ad hoc committee to adjudicate such dispute. The committee shall consist of:

(i) a member from the Teaching & Learning Core;

(ii) a member from the Fiscal Health Core;

(iii) a member from the Operational & Administrative Integration Core; and

(iv) a member from the Outreach & Engagement Core or Student Well-being Core.

听 听The decision of the committee shall be final and binding.

IX. Use of College Name and Marks

The College owns various Marks that represent or identify Ramapo College of New Jersey, its programs, or its services, including, but not limited to, the name, seal and logo of the College. Unauthorized use of the College鈥檚 Marks is strictly prohibited.

X. Use of Student, Faculty and Staff Likenesses and Images

The College may use the likenesses and/or images of student, faculty and staff, without consent, to the extent such use is not prohibited by law.

XI. Copyright and Posting on the College Web Site and Social Media Pages

The posting of any material to the College鈥檚 website, web pages and/or social media pages/accounts that violates the copyright of others, including links to copyrighted material, is strictly prohibited. No copyrighted materials or links to copyrighted material may be posted anywhere on the College鈥檚 website, web pages hosted by the College, and/or the College鈥檚 social media pages/accounts, without the prior written authorization of the copyright owner.

XIII. Applicability of Policy

This policy is made subject to all applicable federal and state laws, regulations and collective negotiations agreements (master and local). To the extent there is any conflict between the provisions of this policy and any law, regulation or collective negotiations agreement, the applicable law, regulation or collective negotiations agreement shall prevail.

*听These provisions for faculty copyright are adopted from the Master Collective Negotiations Agreement by and between the State of New Jersey and the Council of New Jersey State College Locals, AFT, AFL-CIO, dated July 1, 2015- June 30, 2019. As these provisions are not provided for in the subsequent master collective negotiations agreement, the College and the 麻豆传媒 Federation of Teachers Local 2274 may negotiate any mandatorily negotiable issues related to intellectual property rights and the same may be incorporated into this policy when finalized between the parties.