In higher education, IP ownership is typically addressed through institutional policy or written agreements.
Intellectual Property Guidance For University Personnel
The default position of the policy is that the University owns and controls all Intellectual Property created by University Personnel: i) within the course and scope of their employment, ii) as a work for hire, or iii) with substantial use of University Resources, unless the University enters into a specific written agreement that provides otherwise.
Any paid leave or use of University funding to create a work will always constitute “substantial” use of University Resources. --Incidental use of office space, personal computers, office equipment, and supplies are generally not considered “substantial” use of University Resources.
Avoid the use of University resources or facilities that are not exempt, as stated earlier, in the creation of the work.
Remember that you are required to obtain prior written approval of any modified rights agreement or when using your own IP as required course content.
If the claimant is not satisfied with the determination, he or she may, at their option, forward a letter to the University Resources Vice President via certified mail, detailing the claim to be resolved.
If you have questions about the policy or need assistance in completing the forms, contact the IP Office in McKay 120c.
The following chart shows copyright ownership status distinctions based on BYU-Idaho Intellectual Property Policy:
|Ownership retained by Creator/author:
|The University will seek a non-exclusive, royalty-free, perpetual license to use works for education and research:
|Ownership normally governed by written agreements:
|Ownership normally retained by University: