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Section 3.2.14: Governance and Administration
Judgment of Compliance
 Compliance
 Partial Compliance
Non-compliance
Requirement
The institution's policies are clear concerning ownership of materials,
compensation, copyright issues, and the use of revenue derived from
the creation and production of all intellectual property. This applies to
students, faculty, and staff.
Narrative
McNeese State University is in compliance with Comprehensive Standard 3.2.14.
The institution's policies are clear concerning ownership of materials, compensation, copyright issues, and the use of revenue derived from the creation and production of all intellectual property. The policy applies equally to students, faculty, and staff.
Intellectual Property Defined
Intellectual property is defined in its Intellectual Property Policy by the University of Louisiana System as follows:
Intellectual property shall be defined as inventions, discoveries, know-how, show-how, processes, unique materials, copyrightable works, original data, and other creative or artistic works that have value. Intellectual property includes that which is protectable by statute or legislation, such as patents, copyrights, trademarks, service marks, trade secrets, mask works, and plant variety protection certificates. It also includes the physical embodiments of intellectual effort, for example, models, machines, devices, designs, apparatus, instrumentation, circuits, computer programs and visualizations, biological materials, chemicals, and compositions of matter, plants, and records of research.
As a university in the ULS, McNeese State University adopts and applies this definition.
Ownership of Intellectual Property
One purpose of both the ULS Policy and the McNeese State University Intellectual Property and Shared Royalties Policy is to apprise members of the university community of the necessity and means by which ownership of such property is decided. In some instances the intellectual property is exclusively its creator’s. In other cases the University may have an interest in and ownership of the intellectual property. Establishing ownership is left up to the University. The ULS Policy and the University’s Policy guide faculty, staff, and students in considering the matter of ownership. In general, the ULS Policy says:
System institutions have ownership of intellectual property created (a) by an employee within the scope of his or her employment, (b) by an employee who is hired or commissioned to create a specific work, (c) when more than incidental use of institution resources usually and customarily provided occurs, or (d) when the intellectual property results from research supported by federal funds or third- party sponsorship.
A more complete discussion of ownership may be found on the ULS web site as well as on the University’s web site.
McNeese State University Intellectual Property and Shared Royalties Policy
The University’s Intellectual Property Policy is found on the University’s web site in the Faculty/Staff Handbook. The policy applies to faculty, staff, and students. The Faculty/Staff Handbook website has a brief introduction to the policy with links to both the ULS and University Policies. The Office for Research Services web site also has a link to the University’s Policy.
Resolving Intellectual Property Issues
Pursuant to Section IV of the University’s Intellectual Property Policy, the Vice President for Business Affairs has the responsibility for resolving emerging issues and disputes regarding intellectual property. Working with the Office for Research Services and through a committee set up for this purpose, these issues are addressed and resolved.
Supporting Evidence
University of Louisiana System Intellectual Property and Shared Royalties Policy
University of Louisiana Stystem Authorizing Contracts Policy
McNeese State University Intellectual Property and Shared Royalties Policy
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