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> MSU Policy and Procedures > Faculty Handbook
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
"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
[ Revised November 18, 1999; Issued December 10, 1999; Effective May 31, 2007;' Issued June 11, 2007]
http://mus.edu/borpol/bor400/401-2.htm
921.00 Procedures
[MUS Policy 401.2, Revised November 18, 1999; Issued December 10, 1999; Effective May 31, 2007; Issued June 11, 2007]
http://mus.edu/borpol/bor400/401-2.htm
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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