Administrative Procedure 192

PATENTS, COPYRIGHTS AND ROYALTIES

Background

The Superintendent encourages employees, volunteers and students to develop materials, processes and inventions for use within and outside of the School. Protecting the legal and financial interests of the School and avoiding the potential of conflict ensures accountability and fiscal responsibility within the School.

Procedures

1. The Superintendent protects the legal and financial interests of the School for materials, processes or inventions developed for use within and outside of the School and is authorized to sign patents, copyright and royalty agreements on behalf of the School.
2. To encourage the development of materials and programs by employees, volunteers or students, for use within and outside of the School, royalty agreements may be initiated between the creators of the materials and the Charter Board.
3. The ownership of materials (including computer software programs), processes, or inventions produced solely for the School and at School expense shall be vested in the School and shall be copyrighted or patented, if at all, in its name unless otherwise authorized in writing by the Superintendent.
4. The ownership of materials (including computer software programs), processes, or inventions produced solely through the effort, personal time, and expense of an employee, student or volunteer may be vested in the creator and be copyrighted or patented, if at all, in the creator’s name unless otherwise agreed by the parties.
5. The ownership of materials (including computer software programs), processes, or inventions produced by an employee, student or volunteer with School support, by way of use of significant time, facilities, or other School resources, may be vested in the creator if authorized by written agreement between the parties and if entered into prior to the production. Agreements entered into after production will be at the discretion of the Superintendent In the event there is no such agreement entered into, the ownership shall be vested in the School.

References: Section 25, 26, 33, 52, 53, 68, 196, 197, 222, 225
Education Act Copyright Act Copyright Modernization Act
Council of Ministers of Education (CMEC) Copyright Consortium Guidelines
Fact Sheet: What the Copyright Modernization Act means for Teachers and Students