XXXX | Intellectual Property Policy

Effective Date: July 1, 2018

Policy Manager: Vice President of Academic Affairs + Provost

Preamble

The Intellectual Property Policy of the Cleveland Institute of Art (CIA) will be consistent with the protections provided by U.S. Code: Title 17: COPYRIGHT (Copyright Act).

The public interest is best served by creating an intellectual environment whereby creative efforts and innovations can be encouraged and rewarded, while still retaining for CIA and its learning communities’ reasonable access to, and use of, the intellectual property for whose creation CIA has provided assistance.

What is Intellectual Property?

"Copyright" shall be understood to mean that bundle of rights that protect original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. "works of authorship" (including computer programs) include, but are not limited to the following: literary works; musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works (photographs, prints, diagrams, models, and technical drawings); motion pictures and other audiovisual works; digital media; design; sound recordings; and architectural works.

Ownership of Intellectual Property

Intellectual property created, made, or originated by a faculty member as described in the Cleveland Institute of Art Degree-Program Faculty Handbook, shall be the sole and exclusive property of the author except as he or she may voluntarily choose to transfer such property, in full, or in part. The use of CIA-owned computers and other facilities in the preparation of books, artworks and similar works of authorship does not alter this provision.

CIA shall own copyright only in the following 3 circumstances:

• CIA expressly directs a faculty member to create a specified work, or the work is created as a specific requirement of employment or as an assigned institutional duty included in a written job description or an employment agreement. Although traditional academic work that is copyrightable—such as lecture notes, courseware, books, and articles— cannot normally be treated as works made for hire, some works created by CIA faculty do properly fall within that category. An example is reports developed by the chair or members of a faculty committee. Faculty course examinations do not fall within this category, as they are part of the faculty member’s customary instructional materials, with copyright thus owned by the individual faculty.
• The author has voluntarily transferred the copyright, in whole or in part to CIA. Such transfer shall be in the form of a written document signed by the author.
• CIA has contributed to a "joint work" under the Copyright Act. The institution can exercise joint ownership under this clause when it has contributed specialized services and facilities to the production of the work that goes beyond what is traditionally provided to faculty members generally in the preparation of their course materials. Such arrangement is to be agreed to in writing, in advance, and in full conformance with other provisions of this policy.

Use of Intellectual Property

Material created for ordinary teaching use in the classroom and in department programs, such as syllabi, assignments, and tests, shall remain the property of the author, but CIA shall have the right to use such material for internal instructional, educational, and administrative purposes, including satisfying requests of accreditation agencies for faculty-authored syllabi and course descriptions, but not for license or sale to third parties.

Notwithstanding the forgoing, online coursework shall be addressed on a case-by-case basis, and ownership, use and revenue should be set forth in an individual written agreement. If no such agreement exists, then the presumption will be that the author owns the online coursework created in the scope and course of employment and is entitled to all the rights related to ownership. This provision applies regardless of any CIA sponsorship of the work, and it may be modified only by a specific prior written agreement between the author and CIA.

Distribution of Any Funds Generated

Funds received by the faculty member from the sale of intellectual property owned by the author shall be allocated and expended as determined solely by the author.

Funds received by CIA from the sale of intellectual property owned by CIA shall be allocated and expended as determined solely by CIA.

Funds received by the faculty member and CIA from the sale of intellectual property owned jointly by the faculty member and CIA shall be allocated and expended in accordance with the written agreement between the author and CIA.

In the event of multiple authors, the authors will determine the allocation of their individual shares when the work is first undertaken.

How to Resolve Emerging Issues and Disputes

Disputes over ownership, and its attendant rights, of intellectual property shall be referred to the Grievance and Problem Resolution procedures as outlined in the Faculty Bylaws.

Effective Date of Policy

This policy will become effective as of the date first written above; provided, however, that works of authorship that are already completed or are under development at the time of the effective date of this policy will not be subject to its terms without the voluntary written consent of both the author and CIA.

Amendments of the Policy

Amendments of this policy may be proposed by the Faculty Senate or CIA’s administration. Proposed amendments may be approved following the procedures outlined in the Cleveland Institute of Art Degree-Program Faculty Handbook. Approved amendments will be effective as of their date of publication; provided, however, that works of authorship that are already completed or are under development at the time that an amendment to this policy becomes effective will not be subject by the terms of the amendment without the voluntary written consent of both the author and CIA.

Approval Authority: CIA Cabinet

Adoption and Revision History