PROCEDURE NUMBER: 8-5-4
|INTELLECTUAL PROPERTY RIGHTS
STATE ETHICS ACT S.C. CODE ANN §8-13-100 ET SEQ.
FEDERAL COPYRIGHT ACT 17 U.S.C. §100 ET SQ.
BASED ON POLICY NUMBER AND TITLE
SBTCE POLICY 3-0-100 INTELLECTUAL PROPERTY RIGHTS
I. Purpose: To establish guidelines to protect faculty members ownership of intellectual property.
The College encourages the creation of intellectual property by its faculty. This creative environment facilitates course development, which in turn enhances student learning.
Faculty members create sophisticated course content and house it in an artifact format (i.e., video, audio, web page, compact disk, printed text, etc.) and use it with or without the creator’s involvement. In order to protect a faculty member’s ownership and protect college resources and the use of those resources, the College and the individual faculty member must adhere to the following agreement. This agreement covers academic content developed within the normal course of employment, using college resources. “Fair use” copyright guidelines apply to this content.
II. Definitions/ Background:
The Copyright Act of 1976, Title 17 U.S.C. §101 stipulates that employers own works of copyright if “the work prepared by the employee [is] within the scope of his or her employment.” Transfer of ownership is not prohibited.
SBTCE Procedure 3-0-100.1 delegates to college presidents the authority to enter into written property ownership agreements with employees or independent contractors who create original works involving copyrights, patents or other forms of intellectual property for use or ownership by the College.
Intellectual property as defined by SBTCE Procedure 3-0-100.1, is "any product of intellectual activity that is unique, novel, unobvious and/or original, or otherwise subject to copyright or patent protections pursuant to Title 17 or Title 35 of the U.S. Code of Laws."
Faculty positions: Trident Technical College Procedure 8-5-1 (Faculty, Teaching) defines the personnel category of teaching faculty and its specific role within the College. The term “creator” below refers only to full-time faculty members.
Works are defined as any course-related materials a faculty member creates for a Trident Technical College course using college resources. Such works include Courses in a Bag, materials for online courses, and course texts.