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The
Institution’s policies are clear concerning ownership of materials,
compensation, copyright issues, and the use of revenue derived from the
creation and production of all intellectual property. This applies to
students, faculty and staff.
_X_Compliance
___Partial Compliance ___Non-Compliance
Narrative
St. Petersburg
College is in compliance with this comprehensive standard because the
College’s Board of Trustees has established clear guidance concerning
intellectual property that applies to students, faculty, and staff.
Definition of
intellectual property
St. Petersburg
College Board of Trustees Rule 6Hx23-1.35 – Copyrights, Patents and
Royalties defines the following materials as subject to copyright
and patent:
Excerpt from Board of Trustees Rule
6Hx23-1.35
1.
All written works,
including books, journal articles, texts, glossaries,
bibliographies, study guides, resource materials, laboratory and
other manuals, syllabi, tests, and proposals
2.
Lectures, musical
or drama compositions, and unpublished scripts
3.
Films, filmstrips,
charts, transparencies, and other visual aids and teaching devices
4.
Video and audio
tapes and cassettes
5.
Live video or audio
broadcasts
6.
Programmed
instructional material
7.
Computer programs
8.
Pantomimes and
choreographic works
9.
Pictorial, graphic,
and sculptural works
10.
Sound recordings
11.
Other materials
subject to the U.S. copyright laws and controls
12.
An invention or
discovery of any new and useful process, machine, manufacture, or
composition of matter, or any new or useful improvement thereof, may
be patented.
Policies
governing intellectual property
The College has
developed a comprehensive policy covering these issues in the Board of
Trustees Rule on Copyrights, Patents, and Royalties, including
definitions, determination of rights, disbursement of royalties,
administration of the policy and dispute resolution. Administration of
the policy lies with the Vice President of Educational and Student
Services. In that capacity, the Vice President provides assistance and
guidance in obtaining a publisher for college personnel for all college
assisted, college initiated and supported, and sponsor supported works
or efforts that are subject to copyright or patent and registers the
copyrights or patents for St. Petersburg College.
SPC also has a procedure, P6Hx23-1.35,
covering the copyright implications of photocopying to assist Faculty,
staff and students of St. Petersburg College to understand and comply
with copyright law that governs the photocopying of printed materials
and off-air copying by videotape. This procedure outlines detailed
guidelines for:
·
Classroom copying in
not-for-profit educational institutions with respect to books and
periodicals
·
Fair use for music
·
Off-air recording
·
Warnings of copyright for
use by certain libraries and archives,
·
Interlibrary arrangements
·
Sample letter requesting
permission to copy
·
Notice to be posted above
unsupervised copiers
Ownership of
intellectual property
Both the Board
policy and Faculty or staff contract clearly identify ownership of
intellectual property developed by Faculty and staff with and without
support by the College and cover intellectual products subject to
copyright (books, study guides, articles, lectures, artistic works,
videodiscs, CD-ROMs, etc.) as well as scientific products and
discoveries subject to patent law. The policy indicates that ownership
of copyrightable materials or patents generated as a result of
individual initiative with incidental use of College facilities and
resources resides with the author or inventor. Conversely, ownership of
College-initiated and supported efforts resulting in copyrightable
material or patents resides with the College, unless an agreement
stating otherwise has been signed by all parties and approved by Board
of Trustees. Disbursement of income resulting from these copyrightable
materials or patents follow this same pattern, i.e., income from
individual initiative projects (such as publishing a book) would go to
the author. Income from College-initiated and supported projects
(unless specified otherwise in an agreement) would go to the College.
Student
intellectual property is treated in the same manner as intellectual
property of Faculty and staff. Ownership of student projects that are
the result of individual initiative with incidental use of College
facilities and resources resides with the student. If the student is
working on a project initiated and funded by St. Petersburg College
ownership resides with the College.
Dispute
resolution
Disagreements
regarding copyright/patent issues may be appealed to a copyright/patent
committee appointed by the president. The committee uses the same
procedures as are established in SPC’s Personnel Grievance procedure.
P6Hx23-2.021 Procedure: Personnel Grievances.
Establishes procedures for employment complaints to be heard and
remedial action taken when determined necessary, without prejudice
and/or reprisal.
SPC defines a
"grievance" as a complaint relating to an alleged violation of
individual rights or benefits, among other issues. Since intellectual
property rights are involved, the grievance procedure describes a
process for providing remedial action, if warranted, without the risk of
retaliation from the College. If the complaint cannot be resolved
informally, the complaint is heard by a five-person grievance committee,
consisting of a mixture of peer group personnel and administrators,
three selected by secret ballot of the peer group, one selected by the
President of the College, and one selected by unanimous consensus of the
grievance committee. The decision of the grievance committee can be
appealed to the President of the College.
6Hx23-4.36 Student Grievances
and Appeals, Appeals to Waive Requirements of CLAST, Appeals to exclude
coursework from Grade Point Average Calculations, Student Body
Governance and Recommendations.
Establishes procedures for student
complaints to be resolved.
Student grievances
alleging that a student's intellectual rights have been abridged are
addressed by the student grievance process and normally directed to the
next level of authority above which the decision was made. If the
grievance cannot be resolved informally, a five-person committee, two
faculty, two students, and an administrator, is formed to hear the
complaint. The decision of the grievance committee can be appealed to
the President of the College.
Dissemination of
policies regarding intellectual property
The Board policy is
part of the public record and is contained in the Faculty Handbook, in
the Board of Trustees Rules and Procedures on the College Web site, and
on the Student Rights and Responsibilities page of the College Web site.
Excerpt from 2006-2007 Faculty Manual
See 6Hx23-1.35 and P6Hx23-1.35
Contact the Library Director’s Office for a copy of the Copyright
Manual for Faculty and Staff for the current year.
St. Petersburg College supports and
encourages its employees to develop scholarly and creative works and
educational materials and products--intellectual property that may
be subject to copyright or patent and which may generate royalty
income. Such development may involve the use of College time and
resources. In order to balance, protect, and define the respective
rights of St. Petersburg College and its employees regarding
intellectual property that may be subject to copyright or patent,
the following policy is established.
References
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