Information Technology Services
January 16, 2001
General Policy on Intellectual Property
(Approved by TLTR, Approved by FPPC 4/6/01)
New emphases on classroom research and on-line courses may allow a faculty member to simultaneously teach, carry out classroom research, and publish courses, course materials, data, scholarly papers and creative works to the World Wide Web. New questions thus arise as boundaries of teaching, research, creativity, and publication are becoming much less well defined. Even more relevant is the possibility of the movement of some faculty work from the traditional educational venues (Campus classrooms, research labs, theaters, studios and bethel.edu) to the commercialization of educational materials.
Bethel University encourages its administration, faculty, librarians, staff, and students to engage in scholarly activities that support and further the College Mission. Faculty members should aspire to break new ground in discovery, invention and application. The Bethel faculty member's commitment extends to full participation in the larger community of scholars, active involvement in learned societies, publication of scholarly books, essays and reviews, and the development and publication of on-line educational resources and courses. The school supports such scholarship with released time, equipment, clerical assistance and travel funds, as resources are available. While Bethel does not have any vested interest in patents faculty may develop out of this research and while such patents remain the sole property of the individual involved, the ownership of educationally related materials is more complicated. The following policy governs this complex arena.
The following definitions concern creative works about which the question of copyright or patent ownership by the faculty and/or the institution may arise.
Creative works (for the purposes of this policy) are academic, artistic, or scholarly works, products or inventions of potential commercial value (thus involving issues of economic benefit and control), which are generated by faculty members. The production of these works may involve the use of ordinary or extraordinary institutional resources.
Ordinary resources: The general resources of time, salary, staff assistance, travel funds, internal grants, release time, equipment, etc… available to any faculty member.
Extra-ordinary resources: Allocations of resources, either qualitatively or quantitatively, beyond those available to faculty under normal circumstances.
Economic Benefit: Income, potential income, or other benefits that might accrue to an individual or an institution through the publication and/or marketing of a work. Examples might range from traditional text- based publications to supplemental course materials, to entire on-line courses.
Control: The legal right to say what happens with and to a work. Issues of authorship and ownership are intertwined in control.
Creative works can be divided into the following categories:
These works, resulting from the faculty member's personal initiative, are a part of the way the faculty member, while fulfilling his or her contractual responsibilities, grows professionally as part of both the Bethel community and the larger community of scholars and higher education professionals. Such works typically include scholarly publications, books, plays, poems, music compositions, works of art, textbooks, anthologies, and on-line scholarly, professional or educational materials and publications, and course-packs, supplemental instructional materials in any format, manuscripts, musical compositions, web pages, and computer software.
There are two general categories of such works:
Works, resulting from the initiative of the institution, that utilize an individual's (e.g. Faculty, Staff, Administrator, or Student) expertise and time to produce materials and resources.
The above taxonomy is characterized by differences along three dimensions; initiative for the work, allocation of resources to the work, and benefit from and control of the work.
The table below summarizes this information:
TYPE OF WORK
||Economic Benefit and Control of Work|
Bethel or Bethel Contracted
||extra- ordinary||Bethel University/ Negotiable|