Intellectual Property Policy

Fact box

  • Policy owner: Human Resources Officer
  • Policy category: Management: HR
  • Policy status: Approved
  • Approval body: Council
  • Endorsement body: Executive Committee
  • Defined terms: AC Resources, Affiliate, IP, Student, Teaching materials, Works.
  • Last amended: 30th March 2017

Purpose

The purpose of this policy is to set out the principles that promote and protect the development of Intellectual Property (IP) by Alphacrucis College (AC) staff, students and affiliates, and manage its commercialisation and dissemination when appropriate.

Scope

Except to the extent that a contrary intention is expressed and subject to any other written agreement to the contrary, this policy applies to all staff, students and affiliates of AC, both previous and current.

Policy

DEFINITIONS
 
AC Resources includes, but is not limited to AC premises, facilities, funds, services, equipment, staff time, paid leave, support staff and IP owned by or licenced to AC.

​​​​​​​​​​​​Affiliate means visiting academics, honorary appointees, emeritus faculty, research fellows and contractors of AC.

IP means any intellectual, industrial or commercial property, or right of a proprietary nature including without limitation all statutory and other proprietary rights (including rights to require information be kept confidential) in respect of inventions, copyright, trademarks, designs, patents, know-how, trade secrets and all other rights as defined by Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967, whether registered or unregistered or recorded or unrecorded, stored or incorporated in any medium of any nature or description and all other rights anywhere in the world resulting from intellectual activity in the industrial, scientific, literary or artistic fields. This includes but is not limited to rights relating to:

• works;

• teaching materials;

• scientific discoveries; and

• any licence or other right to use or grant the user, or to become the registered proprietor or user of any abovementioned items.

Staff or staff member means an employee or official of AC.

Student means a person enrolled in an approved course at AC, and includes an exchange student or non-award student (unless context dictates otherwise).

Teaching materials means all works produced by staff, affiliates or students in the course of, or for use in, teaching at AC (for example, lecture notes and material, syllabi, handouts, study guides, course software and assessment materials) regardless of format (for example, printed, digital, electronic, multi-media presentations and web content), but excludes personal lecture notes by staff that are not made available to students or personal notes taken by students to assist in study.

Works includes, regardless of format (e.g. printed, digital or electronic versions), literary (including scholarly works intended for academic publication, e.g. article, book, manuscript or manual and creative works), dramatic or musical works, films, sound records, cinematograph films, television and sound broadcasts, published editions of works, computer programs and any other form in which copyright subsists pursuant to the Copyright Act 1968 (Cth) as amended from time to time.

 

Staff 

Except as otherwise specified in this policy or in a separate agreement, AC, in its capacity as an employer, owns all IP developed or created by staff:

• in or during the course of employment with AC; or

• when using AC Resources (subject to any approvals granted);

• at the specific request or direction of AC; or

• as part of a project or program supported by funding obtained or provided by AC.

IP created in or during the course of employment at AC includes, but is not limited to, IP created:

• in teaching materials;

• while participating in any project or program funded by AC;

• where IP is a component of IP generated by a team of which the staff member is part; or

• where creation has resulted from the use of any IP created or owned by AC.

Affiliates 

• AC owns the following IP created by affiliates:

• works created during the course of the appointment with AC while working on an AC project;

• works created using AC Resources;

• teaching materials for AC;

• works created while participating in any project or program funded by AC; and

• works created where creation arises from the use of any IP created or owned by AC.

Subject to the terms of any agreement to the contrary, AC does not assert ownership of works created by affiliates in circumstances outside those described above.  The owner of such works grants to AC a non-exclusive, free, irrevocable licence to use such IP and to sub-licence other parties to do so.

Teaching Materials

AC owns the IP in teaching materials created for AC by staff, students and affiliates.

AC grants to the creator of the teaching materials a perpetual, personal, royalty free, non-exclusive, non-transferable licence to use such teaching materials generated by that creator (but not to the extent that such teaching materials are generated or contributed to by other staff, students or affiliates) solely for teaching, educational and research purposes only at other educational institutions. The creator may not use the teaching materials at institutions in direct competition with AC and may not sublicense all or any part of the teaching materials to others to generate royalties or license fees.

Commissioned Work 

Subject to the terms of any agreement to the contrary, AC shall own all IP that it has specifically commissioned a staff member, student or affiliate to create or develop for AC’s purposes. A commission will be evident if an arrangement or agreement is in place which includes provision for a financial benefit or a period of release from teaching duties.

Work not Specifically Commissioned or Created in Line with an Agreement

Without limitation to any other provision of this policy, AC shall own all teaching materials and works which:

• were prepared for a course offered at AC by staff, students or affiliates;

• were created using IP already owned by AC; and

• were created with use of AC Resources.

Pre-existing IP

AC does not assert ownership over pre-existing IP created by staff or contractors unless such IP is of a kind that AC owns or is entitled to own of pursuant to this policy or pursuant to any other agreement.

Students 

AC owns the following IP created by students:

• works created or developed jointly with staff and the student is deemed by AC to be a co-creator or co-developer;

• works created with use of AC Resources;

• works created using IP already owned by AC or licenced to AC; and

• works otherwise specified and agreed to in writing by the student.

Subject to the terms of any agreement to the contrary, AC does not assert ownership of works created by students in circumstances outside those described above.  The owner of such works grants to AC a non-exclusive, free, irrevocable licence to use such IP and to sub-licence other parties to do so.

Where a staff member is also a student, the student status takes precedence where the subject matter of the student’s study is similar to the subject matter of the work for which the person is employed.

Australian Indigenous and traditional knowledge

Staff and students involved in the development of IP at AC shall ensure that they are respectful of and correctly acknowledge Australian Indigenous spiritual and cultural beliefs. Traditional knowledge or IP is to be acquired from Australian Indigenous people on terms that are fair and with the agreement of the people from whom the knowledge or IP is acquired. Use or acquisition of traditional knowledge (including making a written, visual or audio record) must be respectful of the secrecy or confidentiality obligations imposed on the material by the traditional owners.

AC is also committed to protecting Australian Indigenous and traditional knowledge as being the IP of Aboriginal and Torres Strait Islander people.

Moral Rights

AC recognises the moral rights of its staff and students in accordance with the Copyright Act 1968 (Cth). These include the right of attribution, the right not to have authorship falsely attributed, and the right of integrity of authorship.

Commercialisation of IP

AC may use reasonable endeavours to commercialise IP that it owns and considers suitable for commercialisation. The process of commercialisation may be undertaken in collaboration with the creator/s of the IP and in accordance with this policy. It will be the decision of AC, in its absolute discretion, whether to proceed with, continue, or exit from commercialisation activities.

Distribution of commercialisation revenues

If AC commercialises any IP it owns, it will distribute a share of net commercialisation revenues to creators that have a recognised interest in the IP that has earned that revenue. Net commercialisation revenues will be distributed in the following manner:

• 50% to be shared among all the creators (staff members, and/or students);

• 25% to the creator’s faculty for use as the Faculty Dean determines following consultation with staff and in line with the strategic objectives of the Faculty;

• 25% to AC for its general purposes, with the expectation that it will be used to foster research.

 

Responsible for implementation

Executive Committee

Key stakeholders

Staff and affiliates
Students of the college, under certain circumstances

Related legislation

Copyright Act 1968: http://www.comlaw.gov.au/Details/C2012C00265

Related documents

Australian Copyright Council: http://www.copyright.org.au/