Intellectual Property Rights

Sampson Community College recognizes the need to protect ownership rights in intellectual property, defined as any work that could lead to copyright or patent. This includes, but is not limited to, course materials, artistic creations, software programs, or inventions. The College’s intellectual property rights policy applies to all employees (full-time and part-time), consultants hired by or under contract to the College, and students. As a general rule, all rights to copyrightable or patentable material belong to the creator. In the case of independent works, a College employee or student owns all rights to copyrightable or patentable work, provided:

• The work is the result of individual initiative and not the product of a specific contract or assignment made as a result of employment with, or enrollment at, the College.
• The work is not a product of the employee’s job duties.
• The work is produced by an employee outside his/her work schedule.
• The work is produced by an employee or student without College funds or significant use of College owned and controlled facilities.

In the case of College-sponsored work, the College is the creator and retains all intellectual property rights to the work unless the College chooses to formally relinquish them. College-sponsored works are defined using the following criteria:

• The work is the product of a specific contract or assignment made as a result of employment with, or enrollment at, the College.
• The work is a product of the employee’s job duties.
• The work is produced by and employee during his/her work schedule.
• The work is produced by an employee or student with College funds and/or with significant use of College owned and controlled facilities.

College funds include but are not limited to:

• Release time
• Grant funds
• Salary supplements
• Leave with pay
• Other material or financial assistance

The College controls any revenues or other benefits related to or deriving from College sponsored works. The College is permitted to charge a reasonable rental fee to use any College sponsored works. Furthermore, items such as a learned journal, work of art, book, publication, textbook, library book, form, bulleting, or instructional supply may be, as allowed under the Umstead Act, sold by the College.

With authorization of the Board of Trustees, the President may enter into an equitable written agreement with an employee or student for shared or joint ownership, royalty sharing, or reimbursement to the College for its cost and support of any College-sponsored work. In such cases the College retains a royalty-free license to use the intellectual property for research and educational purposes.

Should a dispute arise over ownership of intellectual property, the employees may assert their rights under the employee grievance procedure. Students may assert their rights under the student grievance procedure.