Ohio Administrative Code › Title 3356 - Youngstown State University › Chapter 3356-10 - Policies on Admission, Retention, and Graduation standards › Section 3356-10-18 - Intellectual property rights

Current through all regulations passed and filed through July 1, 2024
(A)
								Policy statement.
			 Youngstown state university ("university") encourages the development and
			 dissemination of intellectual property that benefit the public, the university
			 and its faculty, staff, and students. Research and scholarship are encouraged
			 through an appropriate allocation of intellectual property rights between the
			 creator and the university. An employee's or student's rights to copyrightable
			 materials shall be governed by the applicable provisions of state and federal
			 law. For all other intellectual property not governed by the copyright
			 protection laws, the applicable state and federal laws shall govern the
			 employee, student, university and external entity rights to such property. The
			 president and the provost or director of research services are specifically
			 designated to serve as authorized institutional officials with the right to
			 approve licensing and royalty agreements with entities entering into a
			 contractual or grant relationship for research and development activities to be
			 carried out by the university.
(B)
								Purpose. To
			 establish rules regarding the ownership, distribution, and commercialization of
			 intellectual property created by university faculty, staff, and
			 students.
(C)
								Definitions.
(1)
									"Commercialization" includes, but is not limited to, the
			 creation, protection, marketing, or licensing of intellectual property,
			 manufacturing of a product based on a license of intellectual property, or the
			 sale of technology based on a license of intellectual property.
(2)
									"Copyright/copyrightable" means that bundle of rights that
			 protect original works of authorship fixed in any tangible medium of
			 expression, now known or later developed, from which they can be perceived,
			 reproduced, or otherwise communicated, either directly or with the aid of a
			 machine or device that may be protectable under the copyright laws of the
			 United States or foreign country.
(3)
									"Distance
			 Education" means the process that culminates in the acquisition of knowledge
			 and skills through mediated information and instruction, encompassing all
			 technologies and other forms of learning at a distance. The planned learning
			 process normally occurs in a different place from teaching and as a result
			 requires special techniques of course design, special instructional techniques,
			 special methods of communication by electronic and other technology, as well as
			 special organizational and administrative arrangements, including web-based,
			 web-centric, hybrid and video conferencing.
(4)
									"Intellectual
			 property" includes inventions, discoveries, works of authorship and/or other
			 creative works that may be subject to protection under federal or state patent,
			 copyright, trademark and/or trade secret laws arising from or related to the
			 works or efforts of faculty, staff and students.
(5)
									"Invention" is
			 any discovery, product, process, machine, composition of matter and/or
			 improvements which may be patentable.
(6)
									"Joint Efforts"
			 are projects in which the faculty member and the university knowingly and
			 voluntarily enter into a written agreement, including a sponsored project, as
			 part of the fulfillment of the faculty member's normal duties and
			 responsibilities. The signing of a specific contract with YSU for the
			 subsidized research cannot be a stipulated condition of
			 employment.
(7)
									"Patent/patentable" means that bundle of rights that
			 protect inventions or discoveries, which constitute any new and useful process,
			 machine manufacture, or composition of matter, or any new and useful
			 improvement thereof that may be patentable under the patent laws of the United
			 States or foreign country.
(8)
									"Trade secret" is
			 any information that (a) derives economic value from not being readily known or
			 available to others and (b) is protected from disclosure by reasonable
			 efforts.
(9)
									"Works for Hire" includes works prepared by an employee
			 as a specific responsibility of the position for which the employee is hired,
			 works specifically commissioned or ordered by the university for which a
			 written agreement specifying copyright or ownership has been executed prior to
			 the completion of the work, works created under a sponsorship/contractual
			 agreement with copyright provisions defined, and other work created through a
			 direct and significant allocation of university resources to a specified
			 project. Note: A faculty member's general obligation to produce scholarly works
			 does not constitute a specific responsibility as included in this
			 definition.
(10)
									"Works of Authorship" such works include, but are not
			 limited to, the following: literary, musical, dramatic, audiovisual,
			 architectural, pictorial, graphic and sculptural works and sound recordings.
			 Computer software are works of authorship to the extent they are protected by
			 the federal copyright laws.