Intellectual Properties

Adopted by the Board of Visitors of the University of Mary Washington on September 19, 1987.

University of Mary Washington Faculty Handbook, Section 4.4.2, Intellectual Property

The policy applies to all University employees, whether their appointments are permanent or temporary, full-time or part-time, salaried, on wages or on contract or paid by state funds or by outside sponsors.  It also applies to students of the University enrolled in programs of study (leading to degrees) and to visitors who may, from time to time, participate in University programs or activities.

General Statement on Ownership of Intellectual Property

Intellectual property is understood to be any property to which the owner holds a patent or copyright or which may be considered to be patentable or copyrightable.  In general, University employees, students and visitors shall retain all rights relating to intellectual property developed on their own initiative without substantial use of University facilities and resources.  This provision includes copyrighting of papers published in journals, articles written for popular publication, books (including textbooks), computer software, film, photographs and videotapes, unless the copyrighted materials were developed as a specific part of a University assignment.  It also includes the patenting of inventions, unless the patentable invention was developed as a specific part of a University assignment.

Cases in Which the University Obtains Entire Right, Title and Interest

The University shall obtain the entire right, title and interest in all materials subject to copyright or patent when the materials result from an assigned duty of an employee, student or visitor, or when the University provides substantial, specific support for the development of the materials in the form of space, facilities, equipment and/or supplies.  The University will not construe the provision of the usual office, library, laboratory, computing facilities, equipment and supplies that are part of its regular instructional program as constituting substantial specific support except for those situations where the copyrightable or patentable material was developed in response to a specific University assignment.  An employee’s general obligation to maintain a level of professional activity as a scholar does not constitute such a specific University assignment.