Comprehensive Standards 3.2.14
The institution’s policies are clear concerning ownership of materials, compensation, copyright issues, and the use of revenue derived from the creation and production of all intellectual property. This applies to students, faculty and staff. (Governance and Administration)
Cape Fear Community College (CFCC) demonstrates compliance with this Comprehensive Standard by providing evidence that its policy on intellectual ownership, Patent and Copyright Policy, is clear and addresses ownership of materials, compensation, copyright issues, and the use of revenue derived from such creations.
Cape Fear Community College’s Patent and Copyright Policy (CFCC Faculty and Staff Handbook) is clear regarding intellectual property ownership by stating:
“Every invention, discovery, material, work, product, or any part thereof, that results from the efforts of a full or part-time employee or outside consultant carried out while in the employment of, or under contract or agreement of any kind with, the College and that is produced or brought about in any fashion with the aid of the College’s facilities, staff, or through funds administered by the College shall, as between the College and the full or part-time employee or consultant, be the property of the College. Any patents, trademarks, trade names, and/or trade secrets shall belong to the College and any legal protection applied for shall be applied for by the College or through an authorized agent, assignee, or licensee in the name of the College.”
The policy goes on to cover copyright issues by stating:
“As a general rule, all rights to copyrightable material are the property of the creator. The creator shall be deemed to be the College where a specific contract so provides, where a full or part-time employee or outside consultant is employed for the purpose of producing a specific copyrightable work, or where necessary to reflect the contribution of the College to the work, as in the case of software or audiovisual material of any kind.
As between the College and The State Board of Community Colleges, ownership of any of the above-described items shall be determined in accordance with applicable regulations of the state Board of Community Colleges.”
Furthermore, to address the issue of compensation, the policy states:
“The College may charge a reasonable rental fee for use of any of the above-described items and, further, if such items is a learned journal, work of art, book, publication, textbook, library book, form, bulletin, or instructional supply, then it may, as allowed by the Umstead Act, be offered for sale by the College.”
Moreover, the policy continues to further clarify circumstances of employee or consulting arrangements by stating:
“This policy shall be deemed to be a part of any existing and/or future employment or consulting agreements of the College.”
The policy does not address "students" in particular because students have never been granted significant access to the College's facilities, staff, or to funds administered by the College to develop such intellectual property; and will not be granted such access unless they are otherwise contracted by the college as an employee, outside consultant, etc. as the current policy specifies. Consequently, if ever the College should contract with a student (as an employee, consultant, etc.) and grant them significant access to the College's facilities, staff, or to funds administered by the college to develop such intellectual property, the student will clearly then be covered by the current policy.
If students should gain unauthorized access to the College's facilities, staff, or to funds administered by the College and develop such intellectual property, the current policy specifically states that if the intellectual property is "…brought about in any fashion with the aid of the College's facilities, staff, or through funds administered by the College…" it will be the property of the College.
As part of the Faculty and Staff Handbook of CFCC, the policy is published on the College's webpage. Hard copies of the Faculty and Handbook are also published by CFCC's Personnel Office and are distributed to new employees during orientation by the Personnel Office. Additionally, each new employee is required to sign a form to acknowledge receipt of the Handbook and his/her responsibility to read and become familiar with all sections of the Handbook.
Revenue from any such intellectual property belonging to the college would be deposited in "institutional funds.” Legislation enacted by the North Carolina General Assembly as contained in the North Carolina General Statutes (NCGS) governs all North Carolina community colleges in expenditures of funds. The following North Carolina General Statutes are provided to show how institutional funds are managed.
NCGS115D-32 (c) (NCGS 115D-32):
“The board of trustees of each institution may apply institutional funds provided in accordance with G.S. 115D 54 (b) (3) for such purposes as may be determined by the board of trustees of the institution.”
NCGS 115D-54 (b) (3) (NCGS 115D-54)
“Institutional Fund Budget. – The budget request shall contain the items of current operating expenses, loan funds, scholarship funds, auxiliary enterprises, State, private, and federal grants and contracts and endowment funds for which institutional funds are requested. The approving authority for the institutional fund budget request shall be the board of trustees of the institution.”
|CFCC Faculty and Staff Handbook,
Section 3.8: Patent and Copyright Policy
North Carolina General Statutes, Chapter 115D-32 (c)
North Carolina General Statutes, Chapter 115D-54 (b)(3)