�Ҹ�������

Introduction

The primary mission of universities is to create, preserve, and disseminate knowledge. When that knowledge takes the form of intellectual property, a university must establish a clear and explicit policy that will protect the interests of the creators and the university while ensuring that society benefits from the fair and full dissemination of that knowledge.

Effective Date

This policy applies to all intellectual property created on or after July 1, 2002 (“Effective Date”) or if disclosure to the University of Maryland Global Campus (“University” or “UMGC”) is required under this Policy, all intellectual property disclosed to the University after July 1, 2002. Other intellectual property will remain subject to the University Policy 190.1 as authorized by University System of Maryland (“USM”) Policies and , and as in effect immediately prior to the Effective Date/p>

Definitions

The terms defined in this section are given special meanings in this Policy and appear capitalized throughout.

1. Personnel: Persons who are employees of the University of Maryland Global Campus either full-time or part-time, including without limitation all faculty categories (e.g., Collegiate, Adjunct, Librarian and Professor of Practice), Student Employees, contractual employees, or employees at other University System of Maryland institutions who are also employed by or assigned to the University. For the purpose of this Policy, Student Employees are included under the term "Personnel" only when acting within the framework of their employment by the University.
2. Unusual University Resources: University resources significantly beyond that which are normally provided.
3. Revenue: Consideration given by a third party in exchange for specific intellectual property rights, including consideration paid in cash or equity, and excluding research support in the form of sponsored research agreements, restricted grants, unrestricted grants, or equity, and excluding tuition and contract income received by the University in lieu of tuition.
4. Scope of Employment: All activities performed by Personnel as an employee of the University, including without limitation, the obligation of faculty members to teach, perform administrative activities as assigned, develop, or create curricular or course materials and to conduct research.
5. Sponsored Research Agreements; Third Party Agreements:
   1. Third Party Agreements: Agreements with Contractors, including without limitation Sponsored Research Agreements, under which by agreement among the parties or as a matter of law, the ownership of, interests in or rights to use intellectual property created under the agreements respectively are governed.
   2. Sponsored Research Agreements: Grants, contracts, cooperative agreements, and other agreements entered into by or administered by the University under which research or development activities will be carried out.
   3. Contractor: Persons, who are not the University, Personnel or Students who are parties to or obligated under Third Party Agreements.
6. Students: Persons enrolled in the University or University courses, acting within the framework of their academic course work or program.
7. Student Employee: A Student who is also a University employee, acting within the Scope of Employment.
8. President: The President of the University or person designated by the President of the University from time to time in each instance.
9. Academic Content: Academic Content is collectively: (a) all of the intellectual property customarily considered by institutions of higher education as being academic materials, including, but not limited to, course outlines, syllabi, simulations, lectures, materials, reading lists, and similar materials, as well as assessments, examinations, quizzes, and other similar evaluation materials (b) all discussions, conferences, meetings, and assemblies of one or more students and Personnel which are part of a course and (c) all soft and middle-ware in which the materials of (a) and (b) are embodied or in which they are delivered. Academic Content is comprised of Personalized Course Materials, Core Course Materials and other intellectual property falling within the above definition.
10. Core Course Materials: Core Course Materials are any and all Academic Content that are used in or support a University course, such as (by example and not limitation) course outlines, syllabi, simulations, case studies, lectures, reading lists, curriculum, and similar materials.
11. Personalized Course Materials: Personalized Course Materials are any and all Academic Content developed by a Personnel member that are used in or that support a section of a University course taught by the Personnel member who developed the material in question. However, Personalized Course Materials does not include: 1) Academic Content developed in response to a specific request or assignment from the University for the development of the Academic Content in question or similar material, or 2) Academic Content developed by a Personnel member within the Scope of Employment but outside of his or her teaching responsibilities.  For the avoidance of doubt, assessments, examinations, quizzes, and other similar evaluation materials developed by Personnel are the intellectual property of UMGC.
12. Scholarly Works: Scholarly Works are works authored by Personnel for the purpose of dissemination of knowledge and prepared for potential publication outside of the University (e.g. journal articles, scholarly papers or texts) unless the works (i) were prepared at the direction of the University or (ii) are deliverables under agreements between the University and other parties or (iii) are prepared as a direct result of grants, gifts or like specific support to the University or (iv) are prepared as a result of the use of Unusual University Resources.
13. System Component: System Component includes any of the constituent institutions of the University System of Maryland, University of Maryland Center for Environmental Studies, University of Maryland Biotechnology Institute, and the System Office.

1. Purpose. The purpose of this Policy is to set forth the terms, conditions, and procedures whereby Personnel and Students and the University establish and maintain their interests in intellectual property created or used by or at the University. This Policy governs the ownership and protection of intellectual property created at or used by the University.
2. Scope of Application. This Policy applies to all Personnel and Students. This Policy shall be included in the University's faculty handbooks, as directed in , Section I.B.2.
3. Protecting University Interests. Personnel and Students may not (a) sign agreements or take any action on behalf of the University unless they are authorized agents of the University, or (b) make unauthorized use of the name of the University. In cases where Personnel or Students take such actions, the University is not bound to honor those actions or agreements.
4. Acquisition. The University may acquire ownership or use of intellectual property by assignment, license, gift, bequest, or any other means.
5. Administration of Intellectual Property which is not University-owned. If otherwise appropriate, the University may administer intellectual property owned by another entity or person, under an agreement with the owner.
6. Third Party Agreements; Sponsored Research
   1. Sponsored Research Agreements. Sponsored Research Agreements shall provide that all intellectual property developed by Personnel or Students under such agreements shall belong to the University. The University, however, on a case-by-case basis (as circumstances warrant and consistent with any private-use-of-facilities restrictions e.g., under bond covenants), may agree to assign ownership or licensing rights to the Contractor, subject to the University's right to use and reproduce the intellectual property for research and educational purposes. The President shall approve any such agreement.
   2. Federal Sponsorship. Any project that is funded, in whole or in part, by a federal agency is subject to specific federal statutes and regulations. Those statutes and regulations may govern the ownership or interests in or rights to use intellectual property created as part of such project. Generally, as of the Effective Date and in respect to inventions, those statutes and regulations allow the University to elect title to any invention that is conceived of or first actually reduced to practice in the performance of federally-funded research with the purpose of commercializing the invention, subject to the government's rights which include reservation of a nonexclusive license to use the invention world-wide for government purposes. The rights of the University, Personnel and Students will be subject to the effect of those statutes and regulations, as applicable and as in effect from time to time.
   3. Other Third Party Agreements. Subject to Section IV.F.1 and IV.F.2 above, the ownership , interests and rights of the University, Personnel and Students of and in intellectual property created under or governed by Third Party Agreements will be subject to the effect of Third Party Agreements. The ownership, interests, and rights of Contractors of and in intellectual property created under or governed by Third Party Agreements will be governed by those agreements respectively or under applicable law.
7. Implementation Authority. The Chancellor has the responsibility for intellectual property matters as stated in . UMGC's Policy shall be implemented and coordinated by the President. Subject to the other provisions of this Policy and applicable law, the President may enter into agreements with respect to ownership, licensure, disposition of intellectual property, disposition of royalty or like income, resolution of disputes, and other matters related to intellectual property in which the University has an interest, and may register intellectual property; seek protection under copyright, trademark, patent laws or other applicable law; and enforce, defend, manage, and take any action relevant to the University's intellectual property and its rights in intellectual property.

1. Ownership by Creator
   1. Subject to the provisions of this Policy, Personnel shall have all rights in copyright for (a) Personalized Course Materials and (b) Scholarly Works.
   2. Subject to the provisions of this Policy, Students shall have all rights in copyright of all intellectual property created without the use of Unusual University Resources ("Student Property").
   3. The University owns all rights in copyright for work produced under Third Party Agreements as stated in those agreements.
2. Right of Use; University Rights
   1. The University shall have all rights in copyright for intellectual property created by Personnel in the Scope of Employment (other than Personalized Course Materials or Scholarly Works) or with the use of Unusual University Resources, and by Students with the use of Unusual University Resources.
   2. With regard to all intellectual property for which Personnel and Students hold the rights in copyright as set forth above, the University shall have the following rights:
      1. Personalized Course Content: A worldwide, perpetual, royalty free license to use Personalized Course Content, in any media or format whatsoever, for the following purposes:
         1. inclusion within the Academic Content of those sections of University course(s) taught by the Personnel who created the Personalized Course Content
         2. embodiment in one or more copies as part of that Academic Content for the delivery of those sections of University course(s) taught by the Personnel who created the Personalized Course Content
         3. publication or delivery as part of that Academic Content to participants in those sections of University course(s) taught by the Personnel who created the Personalized Course Content
         4. retention as part of that Academic Content in order to archive that University course and use of that archive record for all usual archive purposes of the University, including course evaluation, evaluation and comparison of the Personalized Course Content or the Personnel member who created the Personalized Course Content, implementation of other University policies, research, library or record-keeping purposes.
      2. In regards to Student Property which is part of Academic Content, the University shall have a worldwide, perpetual, royalty free license to use such Student Property for the following purposes:
         1. inclusion within the Academic Content of those sections of a University course(s) in which the Student participates
         2. embodiment in one or more copies as part of that Academic Content for the delivery of those sections of a University course(s) in which the Student participates
         3. publication or delivery as part of that Academic Content to participants in those sections of a University course(s) in which the Student participates
         4. retention as part of that Academic Content in order to archive that University course and use of that archive record for all usual archive purposes of the University, including course evaluation, evaluation and comparison, implementation of other University policies, research, library or recordkeeping purposes
3. Responsibilities of Personnel and Students
   1. Assignment. For work to which the University has or had ownership rights under this Policy, Personnel and Students shall, upon request, execute all legal documents designed to assist the University, or its assignees, in proving or benefiting from such rights, as deemed appropriate by the University.
   2. External Collaborations. See Section IV.C and .
   3. Use of Copyrighted Materials. All Personnel and Students are responsible for complying with and for complying with the requirements of copyright law, including obtaining required permissions to use copyrighted material.
4. Responsibilities of the University. The University has developed . These guidelines address library and educational fair use as well as fair use exceptions for research and scholarly work.

1. Ownership
   1. University Ownership
      1. Within Scope of Employment. The University owns inventions created by Personnel within the Scope of Employment.
      2. Use of University Resources. The University owns inventions created by Personnel or Students with the use of University resources.
      3. Signed Agreements. The University owns all inventions made by Personnel or Students under Third Party Agreements and as stated in those agreements.
   2. Creator Ownership
      1. Outside Scope of Employment. Personnel own patent rights to inventions conceived and first reduced to practice outside the Scope of Employment and without the use of University resources and which are not subject to Third Party Agreements.
      2. Student Ownership. Students own inventions they create unless the invention is subject to another provision of this Section VI.A.
2. Responsibilities of Personnel and Students
   1. Disclosure. Personnel and Students shall disclose inventions which are subject to University ownership to the President in a timely manner, fully, and in writing. When uncertain about the University's rights, Personnel and Students shall disclose the invention in question as required above.
   2. External Collaborations. Personnel and Students may not: (a) sign patent agreements or other documents regarding inventions of which the University has or may have ownership or rights to use (e.g., invention reports, licenses, assignments, Material Transfer Agreements, or Confidentiality Disclosure Agreements) which abrogate, limit or in any way affect the University's rights; (b) make unauthorized use of the name of the University; or (c) transfer, except pursuant to a properly authorized Material Transfer Agreement, material relating to intellectual property outside the University.
   3. Assignment. As to an invention in which the University has a right to ownership or use, the inventor, upon request, shall execute promptly all contracts, assignments, waivers, or other legal documents necessary to vest in the University, or its assignees, any or all rights to the invention, including assignment of any patents or patent applications relating to the invention.
3. Responsibilities of University
   1. Timely Evaluation. The University shall evaluate inventions disclosed in accordance with Section VI.B.1 and shall do so with reasonable promptness and in good faith. The University shall decide if it has ownership rights, whether to seek protection of its ownership rights, such as, for example, filing for patent protection, and whether to pursue commercialization. As to any invention in which it has an interest, the University may at any time thereafter decide to pursue protection or commercialization and the University may at any time decide not to pursue or to abandon the pursuit of patenting and/or commercialization.
   2. Timely Information. The University shall inform inventors in a timely manner about substantive decisions regarding protection, commercialization and/or disposition of inventions disclosed in accordance with Section VI.B.1. Terms of agreements which constitute proprietary business information may be treated as confidential by the University, to the extent permitted by law. The University shall notify inventors promptly when it decides either not to pursue, or to abandon pursuit of, all efforts to commercialize an invention.
   3. Commercialization by Inventors. The University may, at its discretion and consistent with the public interest, license intellectual property to the inventors on an exclusive or non-exclusive basis. Inventors must demonstrate technical, financial and business capability to commercialize the intellectual property. Agreements with inventors shall be subject to review and approval of conflict of interest issues in accordance with applicable University policy.
   4. Assignment of Ownership. The University may assign ownership to the inventors as allowed by law, subject to the rights of sponsors and to the retention by the University of a license which at a minimum shall grant the University the right to use intellectual property in its programs of teaching, research, and public service on a perpetual, royalty-free, worldwide, non-exclusive basis. The University may retain more than the minimum license rights, and assignment or license may be subject to additional terms and conditions, such as Revenue sharing with the University or reimbursement of the costs of legal protection. The University shall negotiate promptly, upon written request by the inventors, the transfer to the inventors of the University's interest in any invention that it has chosen not to protect or commercialize, subject to any legal obligation to offer its interest to a sponsor, licensee, or another institution with rights to the invention before it can agree to negotiate the transfer of the University's interest in an invention to the inventors.
   5. Sharing of Revenue. The University shall remit to the inventors or their heirs their share of Revenue from inventions as specified in Section XI.B. of this Policy.

1. Ownership
   1. University Ownership
      1. Personnel. The University owns computer programs and software and business practices created by Personnel within the Scope of Employment or otherwise with Unusual University Resources.
      2. Students. The University owns computer programs and software and business practices created by Students with the use of Unusual University Resources.
      3. Signed Agreements. The University owns all computer programs and software created or made by Personnel or Students under Third Party Agreements.
   2. Personnel Ownership; Student Ownership
      1. Outside Scope of Employment. Personnel own software and computer programs conceived and first reduced to practice, and/or authored, outside the Scope of Employment and without the use of Unusual University Resources and which are not subject to Third Party Agreements.
      2. Student Ownership. Students own computer programs and software they create without the use of Unusual University Resources, and which are not subject to Third Party Agreements.
   3. Computer programs and software. It is the policy of the University that the provisions of this Policy addressing copyright and not those addressing patents shall apply to the rights of the University in and to computer programs and software and the sharing of revenue between the University and a creator or inventor of computer programs and software, whether or not the University, in its sole discretion, seeks copyright or patent protection. The University shall have the right to protect such material as appropriate in its discretion. The provisions of this Section VII are in addition to the provisions set forth in Section V, which are hereby made applicable to computer programs and software.
2. Responsibilities of Personnel and Students
   1. Disclosure. Personnel and Students shall disclose computer programs and software developed within the Scope of Employment or with University resources to the President in a timely manner, fully, and in writing. When uncertain about the University's rights, Personnel and Students shall disclose the computer programs and software in question as required above. Disclosure, except as warranted by the circumstances, shall include deposit of a digital-time-stamped copy of the software program, with appropriate annotations.
   2. Assignment. As to a computer program or software in which the University has a right to ownership or use, the creator, upon request, shall execute promptly all contracts, assignments, waivers or other legal documents necessary to vest in the University, or its assignees, any or all rights to the computer program or software, including assignment of any patents or patent applications relating to the work.
   3. Protecting University Interests. Personnel and Students may not (1) sign agreements or take any action on behalf of the University unless they are authorized agents of the University, or (2) make unauthorized use of the name of the University. In cases where Personnel or Students take such actions, the University is not bound to honor those actions or agreements.
3. Responsibilities of the University. The University shall evaluate computer programs and software disclosed in accordance with Section VII.B.1) and shall do so with reasonable promptness and in good faith. The University shall decide whether to seek legal protection of its ownership rights, such as filing for patent or copyright protection, and whether to pursue commercialization. The University may at any time decide not to pursue or to abandon the pursuit of patenting and/or commercialization of any computer program or software in which it has an interest.

1. The use and development of technology-mediated instructional materials (e.g., digital learning environments and other online methods of learning delivery) are core to the mission of the University. The University and Personnel alike participate in the use and development of these materials. For that reason, it is the policy of the University that for the purposes of this Policy such materials cannot be differentiated from or given different consideration from any other instructional materials.

1. Tangible Research Property. The provisions of this Policy governing copyright, patents, or computer programs or software, whichever is applicable, shall also apply to tangible research property.
2. Mask Works. The provisions of this Policy governing copyright, patents, or computer programs or software, whichever is applicable shall also apply to mask works.
3. Plant Varieties. The University owns and may protect or commercialize plant varieties according to the provisions of Section VI.
4. Trademarks, Service Marks, and Trade Dress. Trademarks, service marks, and trade dress may be created in association with another underlying form of intellectual property, such as a patent or a plant variety, or independently, such as a university logo or symbol. The University owns trademarks, service marks or trade dress associated with intellectual property owned by the University or created by Personnel within the Scope of Employment or otherwise with University resources or by Students with University resources. The University may commercialize or license its trademarks, service marks, and trade dress.
5. Registration. Registration of trademarks or service marks, at the state or federal level, shall be approved by the President or designee.

1. University Rights. In light of the core position of technology-mediated instruction to the University's mission, for the purpose of this Policy, the provisions of Sections I-IX and XI shall apply to i) those Personnel who are also employees or faculty of any other System Component, to the extent that their Scope of Employment is under the University and ii) Joint Appointees (as defined below) in connection with Academic Content.
2. Joint Appointments. Subject to Section X.A., if an individual is jointly employed by the University and any other System Component under a joint appointment ("Joint Appointee"), the terms of that appointment shall apply to the ownership and protection of intellectual property and the sharing of revenue.
3. Joint Creators. In the absence of a Joint Appointment, when personnel or students from UMGC or other System Components or other institutions collaborate, this section applies:
   1. Early Notification: As soon as collaborators from �Ҹ������� and other System Components or other institutions recognize that their efforts have resulted in, or are likely to result in, the creation of intellectual property subject to this policy, they shall inform their respective System Component or institution that an agreement is needed.
   2. Agreements Govern: Signed agreements between �Ҹ������� and System Components or other institutions shall determine ownership of intellectual property, responsibility for managing it, and distribution or expenses and Revenue resulting from its development.
4. Students. In the event that a Student is also enrolled at any other System Component or at any other institution, this Policy shall apply to all intellectual property created within the framework of the Student's University course work or program.
5. Disputes. If a dispute arises between the University and any other System Component regarding the implementation of this Section X, then the President may ask the Chancellor to intercede if the System Components are unable to reach agreement or differ in their interpretation of an agreement.

1. Copyrights. It is the policy of the University that Personnel are compensated as part of their general compensation as employees of the University for the creation of intellectual property owned by the University and identified in Sections V, VII and VIII.
2. Patents. The University shall share with inventors or creators Revenue which it receives from their inventions or creations as provided in this section. Unless otherwise agreed to in writing by the inventors of an invention and the University, each named inventor shall receive equal shares of net Revenue.
   1. Exceptions
      1. Contract. When a third party contract dictates apportionment of Revenue different from that specified in this Policy, the terms of the agreement govern.
      2. Equity. Equity shall be distributed in accord with Section XI.G.
   2. Deductions from Revenue. The University shall make the following deductions from Revenue before distributing Net Revenue (Section XI.B.3).
      1. Creators' or Inventors' Share. First, ten percent (10%) of Revenue shall be distributed among the creators or inventors until the cumulative total reaches the limit set pursuant to this paragraph that was in effect during the fiscal year in which the University first received Revenue. The limit in FY2003 was $10,000 to be shared among the inventors or creators. In accordance with the BOR policy, the Chancellor shall establish a new limit for each succeeding fiscal year by adjusting the previous year's limit by an amount reflecting the change in the Consumer Price Index during the last calendar year completed, rounded to the nearest $100.
      2. General Costs. Second, the University shall deduct 30% of Revenue to cover the general cost of developing, obtaining, managing, and defending inventions or creative work, unless otherwise agreed to by inventors or creators and the University, in writing.
      3. Project Specific Costs. Third, the remaining 60% of Revenue received from a creative work, patent, or invention shall be applied to reimburse any specific, incremental expenses incurred by the University in obtaining and maintaining the patent and in developing, marketing, licensing, and defending the patent or licensable invention or creative work. After reimbursement of the University's expenses, Revenue may be used to reimburse costs incurred by inventors or creators on behalf of their own works but only if the University had authorized such expenses in advance in writing.
      4. Residual Creators' Share. Fourth, after project costs have been paid in full, any remaining Revenue shall go to the creators until the threshold dollar amount has been paid, as specified above in Section XI.B.2.a.
   3. Distribution of Net Revenue. "Net Revenue" is the Revenue remaining after deductions under XI.B.2.
      1. Creators' Share. The University shall distribute among the inventors or creators fifty percent (50%) of the net Revenue it receives from their inventions or creations unless applicable laws, regulations, provisions of grants or contracts, or signed agreements with inventors or creators provide otherwise.
      2. University's Share. The University shall receive 50% of the Net Revenue. The President shall allocate those amounts to further the University's academic mission and delivery of courses.
   4. Timely Distribution. The University shall distribute Revenue due creators under this policy at least annually. Distribution will be made along with a statement of related income and expenses.
3. Tangible Research Property, Mask Works, and Plant Varieties. For tangible research property, mask works or plant varieties that are protected by patent (other than computer programs or software and business practices), Revenue shall be distributed in the same manner that Revenue is distributed under Section XI.B. In respect to other tangible research property (including computer programs or software and business practices) Section IX.A will apply.
4. Trademarks, Service Marks, and Trade Dress. In respect to trademarks, service marks and trade dress owned by the University, Section IX.A will apply.
5. Joint Appointment. In respect to intellectual property owned by the University in accordance with Section X, Revenue will be shared in accordance with the applicable provisions of this Section XI, depending upon the type of intellectual property under consideration.
6. Joint Creators. If there are joint creators and Section X.C et seq. applies, the University's share of net Revenue shall be divided equally unless otherwise determined by signed agreements.
7. Equity.
   1. Issuance of Shares. Equity may be issued separately to the University and the inventors or creators.
   2. Distribution of Shares. Equity in a commercial venture received as consideration for intellectual property rights shall be shared equally between the University and the creators, unless a different distribution is negotiated in an agreement signed by the University and the creators of the relevant intellectual property.
   3. Timely Distribution. When the University receives all shares directly, as soon as practicable after the University receives equity, and subject to the creators receiving any conflict of interest exemptions that must be granted and complying with any conditions for those exemptions, the University shall transfer equity shares to the creators. The University and creators shall have independence in their exercise of equity holder privileges within the constraints of law, policy, specific exemption under Maryland law from the State Ethics Law, and contractual agreements.
   4. Unqualified Persons. Personnel or Students not qualified to hold the equity under applicable law shall designate a qualified person to receive the equity. If no designee is named within thirty days of a written request by the University to do so, the right to a share of the equity shall be forfeited to the University.

1. University Implementation. This Policy is a modification of as permitted therein. This Policy and any revisions shall be effective only with the approval of the Chancellor. The General Counsel of the University shall be the initial point of contact for intellectual property issues. The University shall publicize this Policy on the University internet and intranet and in Student and Personnel handbooks.
2. Authority to Subcontract. The University may enter into contracts with third parties in connection with the development, administration, and protection of its intellectual property.
3. Special Cases. The President may submit special cases not specifically covered by this Policy to the Chancellor or the Chancellor's designee for resolution. All decisions on such cases shall be reported to the USM Intellectual Property Committee, which will take them into account in its annual review of the policy.
4. University Intellectual Property Committee. The President may appoint a University Intellectual Property Committee to advise on matters related to this Policy and University intellectual property matters.

Reporting

University's President shall report annually to the Chancellor and the Board of Regents on intellectual property activity at the University. The report, in a format to be determined by the Chancellor, shall include data for the preceding year on disclosures, patent applications, patent awards, licenses and start-up companies, distinguishing when appropriate between Maryland-based companies and those outside of the State. The report shall also include data on revenue and expenditures associated with the University's technology function.

1. View �����Ի��� for more information.
2. (for works copyrighted after July 1, 2002)
3. (for works copyrighted before July 1, 2002)