SWGTC Intellectual Property PROCEDURE
Southwest Georgia Technical College (SWGTC) is dedicated to fostering an environment that permits the development of intellectual property that improves the productivity of the College and enhances the teaching/learning environment. In order for the College to utilize to the best and fullest extent all works produced for it, and all works provided for its use, employees and students producing or providing work for the College represents and warrants that such works:
- Do not violate any law;
- Do not violate or infringe any intellectual property right (including but not limited to copyright, trademark, patent, or right of publicity) of any person or firm; and
- Do not libel, defame, or invade the privacy of any person or firm. For the purpose of this document, “intellectual property” includes materials which may be copyrighted, patented, and/or trademarked.
The ownership of intellectual property will be determined according to the conditions described below.
- Ownership of intellectual property—when produced as a result of an employee’s job duty or a student’s course/program requirement, with substantial use of College resources, facilities, or funds, or when release time is provided by the College specifically for the purpose of development—shall reside with Southwest Georgia Technical College.
- Ownership of intellectual property shall reside with the originator provided that there is no significant use of College/State resources.
- Ownership of materials developed by a student outside the scope of course/program requirements without substantial use of College resources remains with the student creator. Neither the College nor a faculty or staff member may publish, copyright, sell, or otherwise infringe on the legal ownership of a student’s intellectual property without the expressed, written permission of the student.
- Destruction or damaging of intellectual property created for the College (as outlined in section A. above) is considered to be theft or vandalism and will be dealt with as such.
Any employee or student of Southwest Georgia Technical College must obtain the express approval of the President prior to the development of intellectual property in whole or in part on College time or with the substantial use of College resources which will not be exclusively owned by Southwest Georgia Technical College.(State Policy II.E.1)
Literary works, textbooks, works of art, maps, computer software, musical and dramatic works, motion pictures and sound recordings, and other original works of authorship may be copyrighted. In order to be covered by copyright laws, the work must be in some tangible form, and it must be the product of original creative authorship. Ownership of copyrightable works must be consistent with the United States Copyright Law. The burden of obtaining the copyright, patent, license, and/or trade secret rights, including cost, is that of the owner.
Revenue derived from the development of college-owned intellectual property is distributed to college revenue funds as determined by the Vice President for Administrative Services.
In the event that intellectual property is licensed to the originator, the full rights for the copyright, patent, or trademark, and any resulting royalties or profits, shall remain with the originator.
All cases in which questions arise as to equities, rights, division of revenues, or any other intellectual property-related matter, shall be referred to the Academic Affairs Committee for consideration, interpretation of policy, and decision. Appeal of a committee decision shall be to the Vice President for Administrative Services, then to the President, and finally to the Technical College System of Georgia (TCSG). Appeals within the College must be made in writing within thirty days of written notice of a final decision. Appeals to the TCSG shall be made in accordance with State Board policy.
The Vice President for Academic Affairs has the overall responsibility for ensuring this procedure is implemented.
Revised: 02-01-2011; 08-12-14