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Intellectual Property Policy

I. Mission and Goal

Edgecombe Community College is committed to providing an environment that supports the academic activities of the faculty, staff, and students. The College encourages the creation of original works of authorship and the free expression and exchange of ideas. It is the intent of the College to maintain a positive atmosphere for scholarly development. The College encourages innovation, and discovery of new knowledge and its dissemination.

This document sets forth a statement of policy and procedure concerning intellectual property associated with the creation of online instructional materials in any format.

II. Definitions

1. Intellectual Property: Intellectual Property includes any materials specifically created for use in a distance education course. These materials could include, but are not limited to: study guides, software, videotaped lectures, databases, lectures, transparencies, visual aids lab manuals, syllabi, bibliographies, glossaries, tests, assignments, course documents and other instructional materials.

2. Distance Learning Course: Any course primarily delivered in a format not limited by traditional limitations of time and place. Examples include online classes, self-paced courses, or any hybrid of these.

3. Course Developer: An individual who works alone or with others to develop or create a distance learning course or related course materials.

4. Course Materials: Any resources used to create or develop a distance learning course such as, but not limited to: text, images, diagrams, graphs, multimedia presentations, instructor's notes, readings, bibliographies, lectures, simulations and group projects.

III. Policy

1. Creation of Intellectual Property:

Unless otherwise provided in a written statement, Edgecombe Community College owns all rights to a copyrightable or patentable work IF:

A. The work (or course material) was created or updated by an employee, whether full-time or part-time, or outside contractor who has been given commission from Edgecombe Community College (i.e. reassigned time, faculty development grants, special project funds, and other time or money given specifically for development purposes) in the course or scope of employment with Edgecombe Community College;

and/or

B. The work (or course material) was created or updated by an employee, whether full-time or part-time, using Edgecombe Community College's facilities, time, equipment, or resources;

2. Ownership of Intellectual Property

A. The developer and Edgecombe Community College will retain the absolute, unrestricted right in perpetuity to use without charge, the course(s) and/or content should the developer(s) leave the employment of Edgecombe Community College;

B. The developed course (or materials) may be offered and taught by any faculty member employed with Edgecombe Community College;

C. It is understood the developer is responsible for understanding the "Copyright" and "Fair Use" guidelines and all applicable laws, whether federal, state or local;

D. It is understood the developer must agree to comply with all institutional rules, policies, course development criteria and/or guidelines, as well as all contracts and licenses.

3. Disputes of Intellectual Property

A. The Distance Learning Committee has the authority to resolve disputes or concerns or can appoint an ad hoc committee to resolve DL issues regarding the Intellectual Property Policy at Edgecombe Community College;

B. Resolution of disputes will receive approval from the Vice-President of Instruction and the President of Edgecombe Community College;

C. Final authority to resolve any and all matters from this policy is vested in the Board of Trustees as delegated to the President.