Drew University Intellectual Property Ownership Policy
Office of the President
A. Purpose
The purpose of this Policy is to describe the intellectual property interests, rights, and responsibilities in the work created by members of the Drew University community (University).
Academic and scholarly work and research created by faculty, researchers, RISE fellows, staff, administrators, and/or students is owned by its creator except in those limited circumstances where the work constitutes directed work or involves the use of substantial University resources, or in the case of staff or administrators, where the work is created in the course of their employment.
The University seeks to encourage intellectual inquiry, research, scholarship, and creativity among the members of its community in furtherance of the University’s nonprofit educational and academic mission. The University is committed to an academic tradition that recognizes the intellectual property rights of those who create work, including legally compliant uses of the work of others in the course of scholarly inquiry. This policy is intended to promote the free exchange of ideas and to advance the University’s commitment to academic freedom. Members of the community are encouraged to pursue learning, research, academic inquiry, and other creative endeavors and to distribute, publish, and share their work.
B. Scope
This policy is applicable to intellectual property created by faculty, researchers, RISE fellows, staff, administrators, students, and contractors of Drew University.
C. Terms
As utilized in this Policy, the following terms are defined as follows:
“Academic Work” means scholarly, pedagogical, research, or creative or artistic works in any medium developed by faculty members, researchers, RISE fellows, or students. Academic work can include, by way of illustration, fiction and nonfiction books, textbooks, articles, dramatic works, works of visual art, musical compositions, scores, scripts, choreography, data sets, or software, as well as course syllabi, tests, problem sets, course websites, and lecture or class notes, whether in paper, electronic, or other form.
“Substantial University Resources” means the provision of support, facilities, or services, including staff or administrative assistance, over and above the resources made available in the ordinary course of teaching, writing, lecturing, or conducting research. The term does not include in cidental support customarily provided to faculty, researchers, or RISE fellows in connection with their work and responsibilities as faculty, RISE fellows, or researchers. The University will not construe its provision of offices, library resources, laboratories, sabbatical leaves, computers, or IT support services to faculty in the ordinary course of their faculty responsibilities, including teaching or research, as constituting “substantial University resources” unless that support is furnished by the University for the purpose of supporting directed or commissioned work, or as otherwise may be agreed upon.
- created by staff or administrators in the course of their employment;
- commissioned by the University; or
- developed as work for hire, excluding academic work, unless developed pursuant to an agreement.
D. Ownership of Intellectual Property
1) Work Owned by the Creator
2) Student and Class Work
Work developed collaboratively by faculty and students in the customary course of class assignments and without the commitment of substantial University resources shall be owned by the faculty and student creator(s). Where substantial University resources are utilized, the question of intellectual property rights ownership should be addressed in writing prior to any undertaking, and should include at a minimum the assignment to the University of a non-revocable license.
3) Work Developed in Collaboration or Under Sponsorship
Work and materials provided to University faculty, fellows, students, administrators or staff pursuant to material transfer agreements or developed pursuant to collaboration or sponsorship agreements shall be governed by the terms of such agreements, which can include a recognition of the intellectual property rights of the sponsor, donor, Drew, or the federal government.
4) Work Which the University Owns
Work created as work for hire, in the absence of an agreement to the contrary, is owned by the University and includes work related to the identity, operations, and functions of the University. The University shall recognize the contributions of the authors or creators of works in works where it maintains intellectual property rights. Any such author or creator may not utilize the University’s name for commercial purposes or to suggest endorsement by the University without the University’s prior approval.
- Directed work, work for hire, or other work commissioned by the University and for which the University has agreed, in writing, to specially compensate or provide other support to the creator(s);
- Works developed for institutional or operational purposes by University staff or administrators acting within the scope of their employment, including software, programs, processes, hardware, digital content, or operations or administrative materials;
- Work created in connection with the use of substantial University resources;
- Work, in any medium, developed for University purposes with University resources as directed work;
- Works created pursuant to a contract with an outside sponsor or other agreement that provides for University ownership of any intellectual property interest in the works.
- Trade or service marks owned or created by the University in connection with institutional purposes and/or materials that are connected to the identity of University, such as catalogs, institutional webpages, alumni or fundraising communications, and enrollment materials;
- Work created by staff working with faculty, RISE fellows, or students, and providing assistance constituting substantial University resources, such as software developed by staff upon request.
- Work created pursuant to contract, grants, sponsorship agreements, or as a result of legal requirements, such as governmental funding programs, that vest intellectual property rights in the University.
5) Works Created Pursuant to Agreement
under such an agreement shall recognize the University's interests and be determined consistent with the terms of the agreement and applicable law. In most instances, the University will enter into appropriate written contracts with independent contractors or external sponsors before services are provided to the University where the work may result in the creation of copyrighted patentable, or trademarked works. University personnel should endeavor to recognize and protect the University’s interests and rights in works created collaboratively with other entities or institutions and intellectual property rights, including copyright, trademarks, patents, and licenses should be determined in advance.
6) Outside Uses
Nothing in this policy shall be construed to preclude the University and faculty and students from entering into written agreements governing the use, licensing, or sharing of licensing revenues derived from works owned by them consistent with the requirements of this policy.
E. For-Profit and Commercial University Uses
University resources shall not be used in connection with for-profit commercial enterprises or other non-academic or non-University purposes unless such arrangements are reviewed and approved by the University administration. However, faculty and students retain the right to publish or display their work in for-profit publications or fora, while being cognizant of their obligation to recognize Drew’s identity and intellectual property interests.
F. Need to Memorialize the Allocation of Intellectual Property Rights When Substantial University Resources Are Utilized
When the use of substantial University resources will be involved, the University should be so advised and questions regarding the allocation of intellectual property rights should be addressed prior to the undertaking. The creator of such work is responsible for advising the University in advance in order to ensure that questions of ownership can be mutually addressed at an appropriate point in time.