Preamble

The Citadel has among its primary purposes teaching, research, and the expansion and dissemination of knowledge. Products of these endeavors include the development and use of intellectual property. It is the policy of the College that its faculty, staff, and students carry out their scholarly work in an open and free atmosphere that encourages publication and creation of such works without constraint but consistent with applicable laws and College policy. This policy will be in accord with the guidelines and criteria published in The American Association of University Professors' "Statement on Copyright" (Policy Documents and Reports. Ninth Edition, 2001, or subsequent editions).

Definitions

•   "Directed Works" are defined as those specifically funded or created at the direction of the College, and which may or may not include exceptional use of College resources. They are distinguished from non-directed works, which are pedagogical, scholarly, literary, or aesthetic works resulting from non-directed effort.

•   "Exceptional Use of College Resources" is defined as the provision of resources or support by the College for the creation of a work that is of a degree or nature not routinely made available to College employees. Sabbatical leaves, faculty research grants, and faculty development grants awarded by the College upon the recommendation of the Research, Faculty Development, or Sabbaticals Committees, although competitive, are routinely available to the faculty and are therefore deemed non-exceptional unless specifically designated otherwise by agreement between the originator and the Provost.

Policy

Ownership of intellectual property will reside with the originator, whether a member of the faculty, a member of the staff, or a student, unless: (a) the property is created at the specific direction of the College; or (b) the originator has made exceptional use of College resources in creating it.

At the time when the work is directed by the College or at the time when the College makes exceptional resources available to the originator of intellectual property, the Provost and the originator will together determine ownership and will negotiate a written agreement concerning that property. These determinations will be made on a case-by-case basis.

Adopted May 7, 2003