TECHNOLOGY TRANSFER AND INTELLECTUAL PROPERTY POLICIES

Applicable Works

Works subject to the Patent and Copyright Policies of the University are those created "within the scope of employment" of the University. Included are patentable or copyrightable works created as a result of a grant to the University or those dependent upon University resources for their development. Examples include computer software programs, a newly discovered drug, a multimedia teaching tool or a video tutorial. Any originally created or invented work which has sprung from classroom or campus development or has resulted from funded research or a sponsored project is subject to the Policies.

Works created by employees or students in association with their own creative or scholarly activity and not through University resources or external sponsorship are owned by the authors or inventors and are outside the purview of the Policies. Works such as books, scholarly articles, musical compositions and plays are traditionally owned by authors.

The Policies provide for works of intellectual property ultimately to meet a broader public through "technology transfer," the term applied when bringing a potential product to the marketplace from University lab, studio, or classroom. The Policies provide the framework for disclosure to the  Patent and Copyright Committee and subsequent determination of copyright or patent ownership and royalty income distribution.

University Patent Policy

The Policy, located in the Ball State University Faculty and Professional Personnel Handbook, was created in 1974 by action of the University Senate. It was approved by the Board of Trustees and has been amended from time to time, most recently in 1994. It is applicable to all students and employees of Ball State University.

The Patent Policy speaks to disclosure of a potentially patentable invention, administrative action, review by the Patent and Copyright Committee, intention to share royalty income with inventors and to recover expenses to the University.

University Copyright Policy

The Policy, found in the Ball State University Faculty and Professional Personnel Handbook, was created in 1985 by action of the University Senate. It was approved by the Board of Trustees and has been amended from time to time, most recently in 1994. It is applicable to all students and employees of Ball State University.

The Copyright Policy addresses the issues of ownership and use of originally created copyrightable materials, the disclosure of the same, and the sharing of royalties. The Policy does not speak in any detail to the use and copying of others' copyrighted works for educational purposes (Fair Use doctrine). The latter may be found in the "Guidelines for the Use of Copyrighted Works" and may be further pursued through the Office of Copyright Permissions Web Site.)

The Patent and Copyright Committee is not to be confused with the Intellectual Property Internal Grant Committee, which is the review panel making recommendations for the funding of that award. Neither is it to be confused with the Faculty Publications and Intellectual Properties Committee, a decision-making group for the determination of funding of Ball State University works to be published by University Relations.