Montana State University
SECTION CONTENTS

902.00  Definitions

910.00  Board of Regents Copyright Policy

920.00  Board of Regents Patent Policy
921.00  Procedures

930.00  Intellectual Property Policy
931.00  Sharing Revenue from Copyrightable Works Sponsored by the Vice President for Research, Creativity, and Technology Transfer

902.00 Definitions

"Copyright" means the legal right granted to an author, composer, developer, playwright, publisher or distributor to exclusive publication, production, sale, or distribution of computer software or literary, musical, dramatic, or artistic work.

"Employees" are regularly employed faculty or staff members, part-time or special [adjunct] faculty or staff members, students employed by any unit of the University, and any other persons including students using facilities who are not covered by contract or agreement.

"Funds," as used in Section 931.00, are those from indirect costs and other resources available to the Vice President for Research.

"Invention" means any device, contrivance, or process originated after study and experiment, including improvements, discoveries, processes, and anything else covered by the federal patent laws.

"Inventor" means a person who invents. Specifically in this policy, an employee of the University who invents.

"Net Income," as used in Section 931.00 means the gross royalties, sales, proceeds, or other payments made to the creator for the work-product, reduced by the creator's documented out-of-pocket costs directly related to the development and creation of the specific work-product.

"Patent" means a writing securing to an inventor for a term of years the exclusive right to make, use, or sell his or her invention.

"Patent Management Organization" is a corporation or foundation (i.e., Research Corporation or the Endowment and Research Foundation at Montana State University-Bozeman) which may be designated by the University as its agent in the handling of patent matters.

"System Invention Committee" means the committee selected by the Commissioner of Higher Education in accordance with procedures for appointments of interunit committees.

"University Patent Management Officer" is the person selected by the University president to supervise and coordinate the University's patent management activities.

Revised, July 1, 1997.


910.00 Board of Regents Copyright Policy

[MUS Policy 401.3, Revised November 18, 1999; Issued December 10, 1999; ]

1. WORKS WHICH ARE PRODUCED BY AN EMPLOYEE IN CONNECTION WITH AN APPROVED AND SPONSORED RESEARCH PROJECT ARE TREATED IN ACCORDANCE WITH THE AGREEMENT NEGOTIATED WITH THE SPONSOR. IN THE ABSENCE OF SUCH AGREEMENT OR TO THE EXTENT SUCH AN AGREEMENT DOES NOT FULLY ADDRESS OWNERSHIP OF WORKS PRODUCED, SUCH WORKS SHALL BE TREATED IN ACCORDANCE WITH SECTIONS 2 OR 3 OF THIS POLICY.

2. WHEN AN EMPLOYEE IS ASSIGNED WORK OR RESPONSIBILITIES FOR THE SPECIFIC PURPOSE OF DEVELOPING COMPUTER PROGRAMS, VISUAL AIDS, MANUALS, PUBLIC RELATIONS MATERIAL, OR OTHER COPYRIGHTABLE WORKS, THE WORKS PRODUCED PURSUANT THERETO AND ALL ROYALTIES THEREFROM SHALL BE THE PROPERTY OF THE CAMPUS. ASSIGNMENT OF THE COPYRIGHT SHALL BE INDICATED EITHER ON THE INDIVIDUAL EMPLOYMENT CONTRACT OR IN A SEPARATE DOCUMENT COUNTERSIGNED BY THE EMPLOYEE. SHOULD THE CAMPUS AND THE EMPLOYEE AGREE TO A DIVISION OF ROYALTIES SUCH DIVISION MUST BE INCLUDED IN THE CONTRACT OR IN A SEPARATE DOCUMENT COUNTERSIGNED BY THE EMPLOYEE. IF THE CAMPUS DOES NOT WISH TO COPYRIGHT THE WORK, THE EMPLOYEE MAY OBTAIN A WRITTEN RELEASE FROM THE PRESIDENT OR CHANCELLOR AND MAY THEN COPYRIGHT THE WORK IN HIS/HER OWN NAME. UPON WRITTEN REQUEST FOR RELEASE BY THE EMPLOYEE THE CAMPUS WILL RESPOND WITHIN THIRTY (30) DAYS.

3. WHEN AN EMPLOYEE DEVELOPS COPYRIGHTABLE WORKS OTHER THAN THOSE DEFINED IN PARAGRAPHS 1 OR 2 ABOVE, HE/SHE SHALL HAVE SOLE RIGHT OF OWNERSHIP AND DISPOSITION OF SUCH WORKS. WHEN SUCH WORKS ARE PRODUCED, DEVELOPED OR AUTHORED THROUGH THE USE OR WITH THE AID OF CAMPUS FACILITIES, PERSONNEL OR OTHER RESOURCES, THE CAMPUS MUST BE REIMBURSED FOR THE FAIR MARKET VALUE OF THE USE OF ANY SUCH FACILITIES, PERSONNEL OR RESOURCES, EXCEPT THOSE CONSIDERED PART OF THE NORMAL ACADEMIC ENVIRONMENT INCLUDING LIBRARY FACILITIES. MANUSCRIPTS OR WORKS OF ART DESIGNED FOR PUBLICATION IN MEDIA WHERE NO REMUNERATION IS GIVEN THE AUTHOR( S) ARE EXEMPT FROM THIS REIMBURSEMENT REQUIREMENT.

HISTORY:

ITEM 25-005-R1179, COPYRIGHTS; MONTANA UNIVERSITY SYSTEM, NOVEMBER 2, 1979; AS REVISED NOVEMBER 18, 1999 (ITEM 104-103-R0999).

Updated, July 1, 2000.


920.00 Board of Regents Patent Policy

MUS Policy 401.2 [ Revised November 18, 1999; Issued December 10, 1999; Effective May 31, 2007;' Issued June 11, 2007]

921.00 Procedures

MUS Policy 401.2 [Revised November 18, 1999; Issued December 10, 1999; Effective May 31, 2007; Issued June 11, 2007]

921.01 Memorandum of Understanding

A form regarding student and faculty/University patent rights and copyrights is available from the Vice President for Research and Creative Activities. The memorandum of understanding describes student rights and obligations with regard to the University's proprietary interests, copyright, and patent rights.


930.00 Intellectual Property Policy

931.00 Sharing Revenue from Copyrightable Works Sponsored by the Vice President for Research, Creativity and Technology Transfer

The Office of the Vice President for Research, Creativity and Technology Transfer (Vice President for Research) provides funds from indirect costs and other resources available to the Vice President for Research to faculty and departments for the purpose of conducting research and creative activities and disseminating the results to appropriate audiences.

If the work is patentable, the University patent policy shall determine the income sharing arrangements. (See Section 920.00.)

If a copyrightable work results from such activities and is sold, licensed or distributed and thus results in income, that income must be shared with the University according to the terms and conditions of an agreement developed and approved by the creator and the University. The agreement shall be developed according to the principles outlined below and normally signed before the funds are awarded.

A. In order to recognize all work invested in the project by the creator and the university, the creator and Vice President for Research will identify the creator's investment and apportion future income based on the relative University/creator investments in the project.

B. In the case of seed money awards, the creator shall select one of the following options for the sharing of future income:
1. The recipient shall pay the University fifty percent (50%) of all net income (see definition at 902.00) generated from the sale, licensing or distribution of the work-product, or

2. After reimbursing the University in full from net income, the recipient shall retain all income up to a total of $10,000. All further income will be shared 50/50 between the recipient and the University.
C. If funds are provided by the Vice President for Research office for a project for which there is no agreement, then any income would be treated as "seed money" under 931.00

B. In all cases, the University shall distribute one-half of its share of the net income, up to $50,000, to the creator's department to support student scholarships, graduate assistantships or creative activities.

Effective July 1, 1997.


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