Intellectual Property Policy of Macomb Community College

Intellectual Property Policy of Macomb Community College

I. Persons Covered by the Policy.

This policy applies to all full-time and part-time Macomb Community College ("College") employees, students working with or without compensation on any project under the direction and control of the College; anyone using College facilities or anyone conducting activities under the supervision of College personnel.

II. Property Covered.

This policy shall apply to intellectual property of all types regardless of whether subject to protection under patent, trademark, copyright or other laws.

III. Classification of Property.

1. Intellectual property created with no College resources, labor, materials, facilities or equipment. The term "equipment" as used in III.A, III.B, IV.A and IV.B means equipment other than a college computer with standard software.
2. Intellectual property created in whole or in part with College resources, labor, materials, facilities or equipment.
3. Intellectual property that results from any activity supported by a grant or contract with federal, state or local government, or any agency thereof, a nonprofit or for-profit nongovernmental entity, or by a private gift to the College.
4. A work made for hire as defined in 17 USC101.

IV. Property Rights and Obligations.

1. Intellectual property created with no College resources, labor, materials, facilities or equipment is the exclusive property of the creator(s) and the College has no interest in any such property and no claim to any profit there from.
2. Intellectual property created in whole or in part with College resources, labor, materials, facilities or equipment is subject to ownership by the College.
   1. Before intellectual property covered by III.B is disclosed either to the public or for commercial purposes, and before publishing same, the creator(s) shall submit a reasonably complete and detailed disclosure of such intellectual property to the Vice President or Provost responsible for the area of the College from which the intellectual property originates, or their designee, for determination of the College's interest.
   2. If the College does not assert its right to ownership of the intellectual property, the creator(s) shall be notified that they are free to obtain and exploit intellectual property protection in their own right and the College shall not have any further rights, obligation or duties with respect thereto except that, in some instances, the College may elect to:
      1. retain a non-exclusive, non-revocable, royalty-free license to use the intellectual property;
      2. impose certain limitations or obligations; or
      3. retain certain income rights, depending upon the degree of College support involved in the creation of the intellectual property.
   3. With respect to intellectual property in which the College asserts its ownership, the College shall decide how, when and where the intellectual property is to be protected, and may proceed through its own efforts or those of general counsel, outside counsel, or an appropriate private firm to obtain protection and manage the intellectual property. It shall be mandatory for the creator(s) to assign the rights to intellectual property to the College when the College asserts its ownership of creations that fall within III.B.
      1. In those instances where the College licenses rights in intellectual property to third parties, the cost of licensing and protection for the property on behalf of the College shall first be recaptured from any royalties received by the College, and the remainder of such royalty income shall be divided as agreed to by the creator(s) and the College.
3. Intellectual property that results from any activities supported by a grant or a contract with federal, state or local government, or any agency thereof, a non-profit or for profit nongovernmental entity, or by private gift to the College shall be subject to ownership by the College as set forth in IV.B.1-IV.B.3.
   1. The intellectual property policy of the College is subject to, and thus amended and superseded by, the specific terms pertaining to intellectual property rights included in federal, state or local grants or contracts, or grants or contracts with nonprofit or for-profit non-governmental entities, or private donors, to the extent of any conflict.
   2. Creator(s) whose intellectual property creations result from a grant or contract with the federal, state or local state government, or any agency thereof, with a nonprofit or for-profit nongovernmental entity, or by private gift to the College, shall make such assignment of their rights as is necessary in each case in order that the College may discharge its obligation, express or implied, under the particular agreement.
4. A work made for hire is owned by the College and the creator(s) shall have no rights whatsoever with respect to such work.
   1. The intellectual property policy of the College is subject to, and thus amended and superseded by, the specific terms of any work made for hire agreement between the College and the Creator(s), to the extent of any conflict.

V. Conflict with Collective Bargaining Agreement.

The intellectual property policy of the College is subject to, and thus amended and superseded by, the applicable collective bargaining agreement in effect at the time the intellectual property is created, to the extent of any conflict.

VI. Dispute Resolution Procedure.

In the absence of a grievance procedure, any dispute between a creator(s) of intellectual property and the College that arises out of this policy shall be submitted to the Intellectual Property Rights Committee (the composition of the Committee, including the number of members and chairperson need to be determined) which shall hold a hearing and issue a written ruling on the disputed matters before it. A party aggrieved by a ruling of the Intellectual Property Rights Committee may appeal to the President of the College or their designee.

VII. Effective Date.

This policy is effective on the date the policy is approved by the Board of Trustees. This policy shall apply to intellectual property created on or after this date. The rights of the parties to intellectual property created prior to the effective date of this policy shall be determined by the intellectual property law applicable to the intellectual property as of the date of its creation.

Approved by the Board of Trustees
Macomb Community College
June 18, 2002
(Reviewed by Office of General Counsel, December 2011)
Updated pursuant to Board authorization, January 2023