Intellectual Property
1. Purpose
As an academic institution Brigham Young University–Hawaii (“BYU–Hawaii” or “university”) creates new intellectual property. This policy provides the framework on intellectual property ownership and rights.
2. Policy
Employees, faculty members and students may create intellectual property pursuant to their role at the university. When new intellectual property is created, this policy defines ownership.
3. Implementations
3.1 Intellectual Property Ownership
3.1.1 Employees
Any work prepared by employees, whether faculty, staff or student employees, within the scope of their employment, without an express agreement specified otherwise, is “work for hire” owned by the university.
Intellectual property ownership will be released by the university, to a faculty member, when
- it is intellectual property produced as part of the faculty member’s academic or creative activity,
- in fulfillment of the normal scholarship expectation,
- and after reimbursement for consumed university materials or supplies.
Before entering into an agreement with a third party to create an academic creative work, such as a textbook, the developer must have written approval from their dean and complete a conflict of interest disclosure before a contract is signed and/or work begins.
The university retains ownership rights to all intellectual property when it is commissioned or if the work is considered scientific, engineering or technical in nature.
Intellectual property created completely on the faculty member’s own time using personal resources is the property of the faculty member.
3.1.2 Students
Students who independently develop intellectual property arising out of their participation in programs of study at the university will retain the ownership rights to such property when the intellectual property does not result from their employment at the university or where there is no written agreement to the contrary.
The university retains the right to claim a non-exclusive, perpetual, royalty-free, paid-up, irrevocable license to exploit, use, and sublicense the resulting intellectual property of students who develop intellectual property under the supervision and direction of a faculty member in connection with a program or activity subject to this policy or one that uses substantial university resources in connection with a research program or activity.
3.1.3 Commissioned Work
BYU–Hawaii claims ownership of intellectual property created by specific assignment from the dean, such as developing course work. The university claims ownership in the resulting intellectual property in all university-commissioned works in the absence of express written provisions stating otherwise.
3.2 Income Distribution
Unless otherwise agreed upon in writing, approved by the dean and the academic vice president, the net income (gross income minus university expenses) from university owned intellectual property will be distributed as follows:
- Developers: 45%
- University: 55%
3.3 Consulting
The university does not assert ownership to works produced as a result of consulting except in cases where use of university resources, including university-owned intellectual property, occurs to support the consulting activity.
3.4 Dispute Resolution
Any dispute with respect to this policy that cannot be settled through informal discussions or mediation, shall be submitted to the associate academic vice president for faculty. The claim of a developer relating to intellectual property will be deemed waived unless the developer submits a claim no later than five years from the date of the event that gave rise to the claim.