Lanier Technical College
2017 - 2018
Catalog and Student Handbook
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Intellectual Property Policy
Lanier Technical College encourages the development, writing, invention, or production of intellectual property designed to improve the productivity of the College or to enhance the teaching/learning environment. So that the College may fully utilize all works produced for it and provided for its use, an employee or student producing work for the College or its use represents and warrants that such work meets the following criteria:
  • Does not violate any law
  • Does not violate or infringe on any intellectual property right of any person or firm
  • Does not libel, defame, or invade the privacy of any person or firm.
Intellectual property includes but is not limited to any copyrightable subject matter or materials, patentable invention, on-line course, computer software or materials, or works of art that might be normally developed on a proprietary basis. Intellectual property also includes the common meaning, definition, and description of intellectual property as established by the Copyright Act (Title 17 of the United States Code). Intellectual property may also include intellectual or creative works that can be copyrighted or patented such as literary, dramatic, musical and artistic works, computer software, multimedia presentations, and inventions.

Unless otherwise provided in a separate agreement, the College owns all rights to a copyrightable or patentable work created by the employee or student with the support of college resources. Ownership refers to a legally binding agreement specifying the named party or parties to whom the intellectual property belongs and who will be attributed as the owners of the intellectual property in the general public. College resources include but are not limited to offices, computers, standard office equipment and supplies, libraries, funds, and personnel.

The ownership of a copyright or patent resulting from the development of intellectual property and any rewards or recognition attributed to the copyright or patent will be determined according to the following conditions:
  • Ownership resides with the employee or student if all of the following criteria is met:
    • The work is the result of individual initiative and not requested or required by the College
    • The work is not the product of a specific contract or assignment made as the result of employment or enrollment with the College
    • The work is not prepared within the scope of the employee's job duties or course/program requirements and is not performed during regular working hours
    • The work is not completed using equipment, facilities, or resources provided by the College
  • Ownership resided with the College if any of the above criteria are not met and/or if any of the following criteria applies:
    • The work is prepared within the scope of the employee's job duties or course/program requirements
    • The work is the product of a specific contract or assignment made in the course of the employee's employment or student's enrollment with the College
    • The development of the work involved facilities, time, and/or resources of the College including but not limited to released time, grant funds, college personnel, salary supplement, leave with pay, equipment, or other materials or financial assistance
Any employee or student of Lanier Technical College must obtain the express approval of the President prior to the development of intellectual property if there is any question pertaining to ownership.

In cases where the President determines that intellectual property issues pertain, the President shall contact the Commissioner of the Technical College System of Georgia (TCSG), who shall, per TCSG Policy II.E.1, Intellectual Property, and Procedure: Development of Patentable Devices/Materials or Copyrightable Materials/Media by Technical Collge/Department Personnel, appoint a committee to make a recommendation on the rights and equities appropriate to the cast at issue.
     
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