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CT LOCAL

INTELLECTUAL PROPERTY

Intellectual Property Rights

All copyrights, trademarks, and other intellectual property rights belonging to the College District shall remain with the College District at all times. Except as provided by law, College District policy, or written authorization from the College President or designee, use of College District intellectual property shall be limited to College District-related purposes.

Students

A student shall retain all rights to the student’s work created as part of instruction or using College District technology resources.

Employees

College District Ownership

As an agent of the College District, an employee, including a student employee, shall not have rights to work created on College District time or using College District technology resources. The College District shall own any work or work product created by a College District employee in the course and scope of College District employment, including the right to obtain copyrights and patents

Employee Ownership

A College District employee shall own any work or work product produced during personal time and with personal equipment and materials, including the right to obtain patents or copyrights.

The College President or designee shall have the authority to permit use of College District materials and equipment in developing the employee’s own projects, provided the employee agrees in writing to grant to the College District a non-exclusive, non-transferable, perpetual, royalty-free, College District-wide license to use the work, or permits the College District to be listed as co-author or co-inventor if the College District contribution to the work is substantial. College District materials do not include student work, all rights to which are retained by the student.

Independent Contractors

The College District may hire an independent contractor for specially commissioned work(s) under a written works-made-for-hire agreement that provides that the College District shall own the work product created under the agreement, as permitted by copyright law. Independent contractors shall comply with copyright law in all works commissioned.

Return of Intellectual Property

Upon the termination of any person’s association with the College District, all permission to possess, receive, or modify the College District’s intellectual property shall also immediately terminate. All such persons shall return to the College District all intellectual property, including but not limited to any copies, no matter how kept or stored, and whether directly or indirectly possessed by such person.

Use of Copyrighted Works

Unless the proposed use of a copyrighted work is an exception under the “fair use” guidelines maintained by the College President or designee, the College District shall require an employee or student to obtain a license or permission from the copyright holder before copying, modifying, displaying, performing, distributing, or otherwise employing the copyright holder’s work for instructional, curricular, or extracurricular purposes. This policy does not apply to any work sufficiently documented to be in the public domain.

Technology Use

Use of College District technology in violation of any law, including copyright law, shall be prohibited. Only appropriately licensed images, applications, programs, or other software may be used with College District technology resources. The College District’s technology resources shall not be used to post, publicize, or duplicate information in violation of copyright law. The College President or designee shall employ all reasonable measures to prevent the use of College District technology resources in violation of the law. Any person using College District technology resources in violation of law shall lose user privileges in addition to other sanctions. [See BBI and CR]

Performances and Displays 

The performance and display of copyrighted material, including motion pictures, dramatic works, musical performances, or other audio and visual works, may only occur for education purposes and in accordance with the following:

  1. As a regular part of instruction and directly related to the curriculum;

  2. During face-to-face teaching activities; 

  3. When viewed in a classroom or designated place of instruction; and

  4. With a lawfully made copy or via an authorized account.

Designated Agent

The College District shall designate an agent to receive notification of alleged online copyright infringement and shall notify the U.S. Copyright Office of the designated agent’s identity. The College District shall include on its website information on how to contact the College District’s designated agent and a copy of the College District’s copyright policy. Upon notification, the College District’s designated agent shall take all actions necessary to remedy any violation. The College District shall provide the designated agent appropriate training and resources necessary to protect the College District.

If a content owner reasonably believes that the College District’s technology resources have been used to infringe upon a copyright, the owner may notify the designated agent.

The Vice President of Business Affairs is responsible for reviewing and updating this policy. Policy reviews are made in accordance with the Office of Institutional Effectiveness Policy Tracking document.

DATE ISSUED: 4/13/2023

ADOPTED: 06/17/2023

UPDATE 45

CT (LOCAL) - AJC