INTELLECTUAL PROPERTY POLICYArticle I. INTRODUCTION
Georgia Highlands College is dedicated to teaching, research, and the extension of knowledge to the public. Georgia Highlands College personnel recognize as two of their major objectives, the production of new knowledge and the dissemination of both old and new knowledge. Inherent in these objectives is the need to encourage the development of new and useful devices and processes, the publication and creation of scholarly works, and the development of computer software. Such activities:
1. contribute to the professional development of the faculty, staff or students involved.
2. enhance the reputation of Georgia Highlands College.
3. provide additional educational opportunities for participating students, and
4. promote the general welfare of the public at large.
Materials which lend themselves to Copyright and to a lesser extent inventions which qualify for Patents often come about because of activities of Georgia Highlands College faculty, staff, or students who have been aided wholly or in part through the use of resources of Georgia Highlands College. It becomes significant, therefore, to insure the utilization of such inventions for the public good and to expedite their development and marketing. The rights and privileges, as well as the incentive, of the inventor or creator must be preserved so that his or her abilities and those of other faculty, staff or students of Georgia Highlands College may be further encouraged and stimulated.
Georgia Highlands College recognizes and encourages the publication of scholarly works as an integral part of the processes of teaching, research and service. Georgia Highlands College acknowledges that faculty, staff, and students regularly prepare for publication, frequently through individual effort and initiative, articles, pamphlets, books and other scholarly works which may be subject to copyright and which may generate royalty income for the author. Publication may also result from work supported either partially or completely by Georgia Highlands College. With the advent of innovative techniques and procedures, the variety and number of materials which might be created in a college community have increased significantly, causing the ownership of such materials which lend themselves to copyright to become increasingly complex.
GeorgiaHighlands Collegerecognizes the need for enhanced development and dissemination of software technology as a means of expressing both old and new knowledge. Inasmuch as Georgia Highlands College is aware of the dynamic nature of software and that the value of intellectual property comes from the ability of its owner to control its use and that such value is directly related to the degree of protection it enjoys under the law, Georgia Highlands College encourages the protection of such expressions of knowledge by the utilization of appropriate intellectual property laws and the creation of comprehensive software technology transfer policies and procedures.
In certain instances to be described in this policy, intellectual property will become, in whole or in part, the property of the creator and/or the property of the Board of Regents. When this policy speaks to ownership of intellectual property by Georgia Highlands College, the Board of Regents shall be the owner, and unless ownership has been transferred by the Board of Regents to an affiliated nonprofit organization of Georgia Highlands College.
The foregoing considered, Georgia Highlands College does hereby establish the policy with respect to the development, protection, and transfer of rights to intellectual property resulting from the work of its faculty, staff or students. This policy shall be applicable to all full or part-time faculty, staff or students of Georgia Highlands College.
Article II. DEFINITIONS
1. "Intellectual Property" shall be deemed to refer to patentable materials, copyrighted materials, trademarks, software, and trade secrets, whether or not formal protection is sought.
2. "Patentable Materials" shall be deemed to refer to items other than software which reasonably appear to qualify for protection under the patent laws of the United States or other protective statutes, including Novel Plan Varieties and Patentable Plants, whether or not patentable thereunder.
3. "Copyrighted Materials" shall include the following: (1) books, web pages, journal articles, texts, glossaries, bibliographies, study guides, laboratory manuals, syllabi, tests and proposals; (2) lectures, musical or dramatic compositions, unpublished scripts; (3) films, filmstrips, charts, transparencies, and other visual aids; (4) video and audio tapes or cassettes: (5) live video and audio broadcasts; (6) programmed instructional materials; (7) mask works; and (8) other materials or works other than software which qualify for protection under the copyright laws of the United States (see 17 U.S.C. & 102 et seq.) or other protective statutes whether or not registered thereunder.
4. "Software" shall include one or more computer programs existing in any form, or any associated operational procedures manuals or other documentation, whether or not protectable or protected by patent or copyright. The term "computer program" shall mean a set of instructions, statements or related data that, in actual and modified form, is capable of causing a computer or computer system to perform specified functions.
5. "Trademarks" shall include all trademarks, service marks, trade names, seals, symbols, designed, slogans, or logotypes developed by or associated with Georgia Highlands College. (See 15 U.S.C. & 1127.)
6. "Trade Secrets" means information including, but not limited to, technical or non-technical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which: (I) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (II) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (See O.C.G.A. & 10- 1-761.)
7. "Patentable Plant"