Intellectual Property Policy at the
University of Notre Dame

PATENTS
The University owns all rights to all patentable inventions arising from University Research. The University shall make an initial decision of whether to pursue a patent or other legal protection within six months of initial disclosure. If the University elects to pursue a patent or other legal protection, all costs shall be borne by the University or by a sponsor or licensee.

Creators must be aware that an invention may become unpatentable unless a formal application is filed with the U.S. Patent and Trademark Office in a timely manner. Additionally, special rules that vary from country to country govern the time limits within which foreign patent protection may be acquired.

COPYRIGHTS
The University owns all rights to all copyrightable materials (including computer programs, software, or multi-media productions) that are works made for hire under copyright law or that are required to be assigned to the University by the contract terms of a grant or sponsored program. However, consistent with long-standing academic tradition, the University does not normally claim ownership of works such as textbooks, articles, papers, scholarly monographs, or artistic works. Creators, therefore, retain rights in copyright in their works, unless they are created under a grant or sponsored program that specifies ownership rights in some entity other than the creator, they are the subject of a contract modifying ownership rights, or they are otherwise addressed in this Policy.

When the University commissions a work or otherwise causes a work to be developed that is a work made for hire under copyright law, but the creator is an employee whose position is not normally considered to be one immediately related to the production of copyrightable works for the University, the creator will be required to acknowledge the University's ownership of the work in writing before production of the work.

Creators of works, such as computer software, that are not works made for hire but that are developed with the use of University facilities or resources agree, consistent with other relevant agreements or contracts, to grant to the University a paid-up, royalty-free, non-exclusive license for the use of the work for academic, research, or other scholarly purposes.

Creators may, in certain circumstances, choose to assign their ownership interest in copyrightable works to the University. In these cases, royalty income derived from the work will be shared with the creator as specified in this policy or in any other written agreement with the University.

EDUCATIONAL MATERIALS
Educational materials represent a broad spectrum of copyrighted works. These materials encompass traditional educational materials, such as lesson plans and face-to-face course presentations, as well as other methods of course delivery, such as Internet-based learning. The desire of the University is to encourage the development of creative and effective educational tools and media in order to further our educational goals.

In keeping with the University's general policy of not claiming ownership in the scholarly works of its creators, Educational Materials produced in the normal course of our educational mission will, generally speaking, be owned by the creators of the materials. Certain circumstances, however, may give rise to a claim of ownership by the University; for instance, in the case of Educational Materials that are works made for hire, such as those produced by non-faculty employees within the specific scope of their employment with the University. Because all possible circumstances cannot be envisioned by this policy, each particular situation will have to be evaluated on its own facts to determine ownership interests and who may have the right to use Educational Materials that are developed. This section provides a general guide for determining ownership and control of Educational Materials developed by University personnel.

Educational Materials developed on the initiative of the creator with less than substantial use of University facilities and resources
This category includes, for example, a faculty member developing traditional "face to face" class lecture materials or on-line Educational Materials to supplement an existing University-offered course. In this situation, the Educational Materials would be owned by the creator. As such, the Educational Materials could be used by the creator outside the context of the University course, consistent with the University's conflict of interest and conflict of commitment policies (which currently prohibit teaching at other institutions without the consent of the University). For any such use of these Educational Materials outside the University, the creator would not be allowed to use the University's name in conjunction with the Educational Materials (e.g., "a Notre Dame course" or "the same course taught at Notre Dame") without specific written permission of the University.

Educational Materials developed on the initiative of the creator with a substantial use of University facilities or resources (e.g., video production, web-casting, or teleconferencing facilities)
An example of this situation would be the development of Educational Materials that requires extensive video production, integration of video streaming, or website development that would be made possible through the use of University resources. In this circumstance, the tangible works developed (i.e. the website or the video production) are owned by the University, while the creator maintains ownership of the underlying creative content of the materials. Creators of this type of Educational Materials grant to the University a paid-up, royalty-free, non-exclusive license for the use, reproduction, and creation of derivative works of the underlying creative content for the University's purposes. The tangible Educational Materials owned by the University may be used by the creator while still employed by the University, consistent with the University's conflict of interest and conflict of commitment policies. For any such use of these Educational Materials outside the University, however, specific written permission of the University would be required.

Educational Materials commissioned for production by the University
This category includes institutional works and Educational Materials developed as specifically directed by the University; for instance, the assigned development of an enrichment course to be offered to the public. Such Educational Materials, including the underlying creative content, are works made for hire, and as such are owned by the University. When the production of such a commissioned work is anticipated, a written agreement will be entered into in advance of production between the University and the creator, acknowledging the University's ownership rights in the Educational Materials. This written agreement will also address issues such as compensation for production of the materials, sharing of any potential revenues resulting from commercial distribution of the Educational Materials, the relationship of the assignment to other duties (for instance, whether the assignment is in addition to or in lieu of normal teaching and research activities), and any other relevant issues related to the production of the Educational Materials. Commissioned Educational Materials may be used by the creator outside the University only with specific written permission of the University, and in such a way as to be consistent with the University's conflict of interest, conflict of commitment, and use of institutional name policies.

Educational Materials funded by an external sponsor
Ownership of externally funded Educational Materials will be governed by the terms of the sponsor's agreement with the University. In the absence of specific ownership terms for Educational Materials in the sponsorship agreement, Educational Materials developed through external funding will be treated consistently with the terms of this policy.

Changes to Educational Materials
Consistent with this policy and copyright law, the owner of Educational Materials has the right to change or make derivative works of his or her Educational Materials. Educational Materials owned by the University may only be changed, and derivative works of University-owned Educational Materials may only be made, with the written permission of the University.