9.10 / Intellectual Property Policy and Institutional Procedures
I. Intellectual Property:
Kansas Board of Regents Policy Manual: Chapter II, Governance - State
The purpose of the
Intellectual Property policy is to
foster the creation and dissemination of knowledge and to provide
certainty in individual and institutional rights associated with ownership
and with the distribution of benefits that may be derived from the
creation of intellectual property.
This policy applies to all full or part-time employees, including
student employees, creating intellectual property
related to the scope of their employment while under contract with the
University. This policy also
sets forth the rights of students in academic creations that are developed
as a part of course requirements.
IV. Policy Statement:
When revenues are to be shared, the creator(s) shall obtain his/her share
only after the University has recouped any direct costs borne by the
University for equipment and materials and costs paid to third parties. The
portion of the revenues to be shared among multiple creators shall be shared
equally unless otherwise agreed in writing by the creators.
A. General Copyright Policy
ownership of the various rights associated with copyright are dependent
upon the specific type of intellectual property subject to copyright
protection. The University
shall assert limited ownership of some of the various rights as set forth
below. Since the Kansas Board of Regents and the University have
a fiduciary responsibility for the appropriate use of state funds, unless
otherwise provided for under
this policy, all rights associated with works produced as “work-for-hire”
or other works that make “substantial
use” of institutional resources belong to the institution. For purposes of
this policy, the definition of “work-for-hire” is “… work prepared by an
employee within the scope of his or her employment or a work specially
ordered or commissioned by the institution to be prepared by the
creator...” “Substantial Use” means that the creator receives
more than normal support for the project or receives time and/or resources
from the University specifically dedicated to the project.
the concepts of “substantial use” and “work-for-hire” are applicable to
the General Copyright Policy and not to the Patent and Copyrightable
1. Mediated Courseware
The University shall have limited ownership or control rights for
mediated courseware as specified below:
a) Self-Initiated Mediated Courseware
When employees develop mediated courseware without specific direction by the
University, unless otherwise agreed, the ownership of the courseware shall
remain with the employee. Normally, no royalty, rent or other consideration
shall be paid to the employee when that mediated courseware is used for
instruction at the University and such mediated courseware shall not be used
or modified without the consent of the creator(s).
The mediated courseware shall not be sold, leased, rented or otherwise used
in a manner that competes in a substantial way with the for-credit offering
of the University unless that transaction has received approval of the
Provost and Senior Vice President. Should approval be granted to offer the
course outside of the institution, the creator(s) shall reimburse the
institution for substantial use of institutional resources from revenues
derived from the transaction offering the course.
As owner, the creator is responsible for obtaining copyright registration,
if desired, and granting permission for use of copyrighted courseware
materials, provided that such registration or permission is consistent with
b) University-Directed Mediated Courseware
When the University specifically directs the creation of mediated courseware
by assigning one or more employees to develop the mediated courseware and
supplies them with materials and time to develop the mediated courseware,
the resulting mediated courseware belongs to the University and the
University shall have the right to revise and decide who will utilize the
mediated courseware in instruction.
The University may specifically agree to share revenues and control rights
with the employee. In the event that an agreement has been reached between
the University and employee to share rights of the courseware prior to the
development of such courseware, a written contract should be agreed to
between the University and the employee(s) before the project begins. The
contract should include details regarding revenue sharing, derivative works,
licensing to external parties and control of the mediated courseware. The
Office of Research and Technology Transfer will manage these contracts.
The University is responsible for obtaining copyright registration and
granting permission for use of the copyrighted courseware materials. The
employee will cooperate with the University to secure the copyright, at the
University’s expense, including, without limitation, disclosing such
courseware to the University, providing copies thereof, and signing any
documents necessary to perfect the University’s rights in the courseware
2. Scholarly and Artistic Works
Notwithstanding any use of University resources or "work-for-hire"
principle, the ownership of textbooks, scholarly monographs, trade
publications, maps, charts, articles in popular magazines and newspapers,
novels, nonfiction works, supporting materials, artistic works, and like
works shall reside with the creator(s) and any revenue derived from their
work shall belong to the creator(s). Except for textbooks, the University
shall have a royalty-free use of the work within the University, unless
otherwise agreed to in writing.
3. Manuscripts for Academic Journals
a) Notwithstanding any use of University resources or the
“work-for-hire” principle, the ownership of manuscripts for
publication in academic journals shall reside with the creator(s) and
any revenue derived from their works shall belong to the creator(s).
b) If the manuscript is
to be published, the creator(s) shall request the right to provide the
University with a royalty-free right to use the manuscript within the
University in its teaching, research and service programs, but not for
external distribution, and, if successful, the creator(s) shall grant such
right to the University.
Upon the establishment of national governmental or nonprofit
entities whose purpose is to maintain in an electronically accessible manner
a publicly available copy of academic manuscripts, the creator(s) may be
required to provide to the appropriate entity a limited license for the use
of each manuscript upon determination by the Kansas Board of Regents that
the provision of a license will not jeopardize the publication of articles
or infringe upon academic freedom of a faculty member.
4. Copyrightable Software
The rights to copyrightable software with an actual or
projected market value in excess of $10,000 annually, except software
included in mediated courseware, shall be determined pursuant to the Patent
and Copyrightable Software Policy (Section B that follows below).
5. Student Academic Creations
The ownership of student works submitted in fulfillment of academic
requirements shall be with the student. The student, by enrolling in the
University, gives the University a nonexclusive royalty-free license to mark
on, modify, and retain the work as may be required by the process of
instruction, or otherwise handle the work as set out in the University’s
Intellectual Property Policy or in the course syllabus. The University shall
not have the right to use the work in any other manner without the written
consent of the creator(s).
In those cases where the work is created from research or developmental
activities that are collaborative efforts involving students, faculty or
staff, or span several semesters, the student creator(s) may assign
ownership of the creation, and related rights, to the University.
support from outside the University is provided for the student’s project
then the ownership of the creation will be determined by the agreement
between the University and the other party.
B. Patent and Copyrightable Software Policy
title, and interest, in and to any inventions, patents obtained on
inventions, or the ownership of copyrightable software with an actual or
projected market value in excess of $10,000 annually resulting from
University sponsored research shall be retained by the University or may be
assigned to an organization (hereinafter called the “Organization”)
independent of the University and created for the purpose of obtaining
patents on inventions, receiving gifts, administering or disposing of such
patents and promoting research and the development of intellectual property
at the University by every proper means.
The following requirements shall be followed with respect to inventions or
Anyone who conceives an invention or who develops copyrightable software
(that is not included in mediated courseware) resulting from a research
project sponsored by the University shall report the matter to the Vice
President for Research and Technology Transfer, or designee, who will
recommend whether or not to pursue patent and/or copyright protections.
Disclosure must be made by submission of an Intellectual Property Disclosure
Form. Disclosure Forms are available online at http://wsuventures.org/get-started/forms-agreements-policies.
If the University or Organization decides that an invention does not warrant
patenting, the inventor is free to patent it. In such case, however, the
University does not relinquish its right to publish any of the data obtained
in the research project, or use the data for teaching, research, or other
educational and academic purposes.
If the University or the Organization decides not to further the use of the
copyrightable software, it shall assign the rights therein to the
creator(s), subject to the University’s publication rights or reserved
rights to use the software for educational purposes.
3. Revenue Sharing
a) When any revenue is obtained by or on behalf of the
University from the development or assignment of any patent or from
royalties, license fees, or other charges based on any patent or
copyrightable software, the net revenue, if any, will be distributed
50% to the Contributor(s) (Contributor
25% to the Center or Department or Lab
in which the work was performed (WSU Share)
25% to WSU Ventures (WSU Share)
Revenue sharing shall begin only after the University recoups costs as set
forth in this policy.
b) All revenue shall be paid to the University. Non-cash
consideration shall be calculated based upon the fair market value at the
time of distribution. In the event that there is net revenue to distribute,
net revenue will be distributed not more often than quarterly and no less
often than annually and will be subject to the Terms and Conditions of the
license agreement or like arrangement. Distribution, if any, will be based
on the State of Kansas fiscal year. There is no guarantee of net revenue to
4. Sponsored Research
a) In case of cooperative research sponsored in part by an
outside corporation or individual, a written contract shall be made between
the University and the cooperating agency. This contract should include a
statement of policy substantially equivalent to that outlined below:
"It is agreed by the parties to this contract that all results of
experimental work, including inventions, carried on under the direction of
the scientific staff of the University, belong to the University and to the
public and shall be used and controlled so as to produce the greatest
benefit to the public. It is understood and agreed that if patentable
inventions or copyrightable software grow out of the investigation and such
inventions or software have commercial value, the cooperating agency shall
receive preferential consideration as a prospective licensee, with a view to
compensating said cooperating agency in part for the assistance rendered in
It is further agreed that the name of the University shall not be used by
the cooperating agency in any advertisement, whether with regard to the
cooperative agreement or any other related matter without the advance and
written authorization of the University.”
b) In case of a research project where it is proposed that all
costs including overhead, salary of investigator, reasonable rent on the use
of equipment, etc., are to be paid by an outside party, the University shall
negotiate with the outside party the appropriate disposition of any
resulting patent or copyrightable software rights prior to the provision of
any funding by the outside party. “Appropriate disposition” shall include an
option to negotiate a license to any resulting intellectual property. The
University shall reserve a royalty-free right to publish all data of
fundamental value to science and technology and to use the patent or
copyrightable software rights for teaching, research or other educational
and academic purposes.
Changes in the above policies shall be made to conform to the
requirements of the United States Government when contracting with the
United States Government or a Federal Government Agency.
The University reserves the right to control and protect the trademarks
and service marks of the University.
V. Institutional Procedures:
University shall establish procedures that require employment contracts
and course catalogs or syllabi to state that the employee or student is
subject to the Intellectual Property Policy of the University and to
resolve questions concerning intellectual property and any disputes that
develop under this policy. Final decisions on disputed matters will be
made by the University President, or designee, and shall constitute final
The University procedures related to intellectual property and technology
transfer are available online at http://wsuventures.org/.
This policy shall be included in the WSU Policies and Procedures
Manual and shared with appropriate constituencies in the University.
The Provost and Senior Vice President shall have primary responsibility
for publication and distribution of this University policy.
April 5, 2001
December 1, 2007
March 25, 2015