Community College administrators, staff and faculty are often called upon to deal with the nebulous area of intellectual property law. Generally, intellectual property law defines the scope and protection that applies to patents, trademarks, copyrights and trade secrets, and can extend to a variety of college activities, such as naming the mascot, protecting course materials, ensuring compliance with software licensing agreements, developing marketing materials and designing websites.

 

This article will concentrate on copyright protection, which is given to original works of authorship, and applies to literary, dramatic, musical and artistic works, such as poetry, novels, songs, computer software and architecture.

 

Copyright protection arises when a creative idea is reduced to a tangible medium, and carries with it a bundle of rights that include the rights to control the reproduction of the work, preparation of derivative works, distribution of copies of the work, public performances of the work and public display of the work.

 

A major issue that can arise with respect to the creation of copyright material in the educational community is the question of who owns the material. Under the Copyright Act of 1976, only the author, or those deriving their rights from the author, can rightfully claim ownership of copyright material. As a general rule, it is the person who reduced the creative idea to a tangible medium who qualifies as the author of the work. However, an exception to this general rule exists for a category of works called “works made for hire.” A work created by an employee within the scope of employment qualifies as a works made for hire. Therefore, the employer is considered the author.

 

The determination of whether a work falls into this category can be controlled by a number of factors, which can convolute and confuse the basic rules outlined above. Given the bundle of rights that accompany copyright ownership, the resolution of the issue of ownership, can have a profound impact on the academic community. Having a carefully written intellectual property rights policy will help administrators, staff, faculty and students understand their rights and responsibilities, while at the same time protecting the college’s interest.

 

If you have any questions about what you have read or want additional information, Mr. Sturdy can be reached at (734) 261-2400 or psturdy@cmda-law.com.