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Intellectual Property Rights

Introduction

The New School (the "university") seeks to encourage creativity and invention among its faculty members and students. In doing so, the University affirms its traditional commitment to the personal ownership by its faculty members and students of Intellectual Property Rights in works they create. This Policy governs the Intellectual Property Rights of the University, faculty members and students in the work product, ideas and inventions (regardless of the medium) created in connection with activities associated with the University (the "Work" or "Works").

Purpose

The University supports the Intellectual Property Rights of its faculty and students in materials which they create or otherwise author related to academic work, including, but not limited to art objects, lecturer notes, lecture transcripts and tapes (audio or video), works of original authorship (including both literary and artistic works, and including documentations of these such as photographs or art works), software, compilations of information such as databases, and any other research, scholarly or creative work and its derivatives, in any medium, except as otherwise set forth in this Policy.

Definitions

Intellectual Property Rights: The term "Intellectual Property Rights," as used in this Policy, refers to copyrights, rights in trademarks and service marks, patents, moral rights, and other intangible proprietary rights.

Works: The term "Works," as used in this Policy, does not include any Works created by faculty or students outside the scope of their activities in connection with the University, except to the extent that such activities fall within one of the limited Exceptions set forth below or the policy concerning disclosure of faculty-student agreements.

Faculty-Administrators: The University recognizes that individuals may have dual roles at the University and that faculty members may also act in an administrative capacity ("Faculty-Administrators").

Scope

This Policy does not apply to Works created by (i) staff members or (ii) administrative personnel or Faculty-Administrators acting within the scope of their administrative duties because such Works are governed by the "work for hire" doctrine or are otherwise the property of the University. Works by Faculty-Administrators acting within the scope of their faculty duties are subject to this Policy.

Policy

i. General Rule

Faculty members and students will own all Intellectual Property Rights in Works they create in connection with activities associated with the University, subject only to the limited Exceptions to the General Rule (Section I) and the University's Minimum Rights (Section IV). If more than one person contributes to a Work, then the contributions of each contributor shall be acknowledged and each contributor shall be treated as having Intellectual Property Rights in the Work under this Policy.

II. No Limitation on Fair Use

Nothing in this Policy shall limit the rights of faculty members, students, or the University to make a "fair use" of copyrighted Works as that term is defined in the Copyright Act.

III. Distribution of Royalties Derived from Commercialization

Royalty income and other non-equity revenue derived from the licensing of Intellectual Property Rights under any of the Exceptions will be distributed as follows, unless the University and the creator have agreed in writing upon an alternative distribution arrangement.

The University will be reimbursed for any out-of-pocket expenses incurred in obtaining and maintaining intellectual property protection for a Work, and in evaluating and marketing such Work. The remaining net income will be distributed as follows:

  • 50% to the creator(s) (any portion of such revenue payable to student and faculty participants will be divided among them in accordance with the degree to which each contributed)

  • 20% to the University

  • 10% to the creator's department or equivalent unit

  • 10% to the creator's school

  • 10% to faculty development programs or student scholarships

IV. Minimum Rights of the University Through a Non-Exclusive License

In keeping with the long-standing traditions of academic institutions, the University shall receive a non-exclusive, royalty-free, worldwide license to use the Works for archival, reference, research, classroom, and other educational purposes (the "License"). With regard to tangible works of fine art or applied art, this License will attach only to stored images of such Work (e.g., slides, videos, digitized images) and does not give the University a right to the tangible works themselves. With regard to literary, artistic and musical Works, this License will only attach to brief excerpts of such Works for purposes of education. If the University wishes to acquire rights to use the Work or a reproduction or image of the Work for advertising, promotional or fund-raising purposes, the University will negotiate directly with the creator in order to obtain permission.

This License includes a right in the University to offer any course, or to develop and offer derivative courses of instruction, in both conventional and nonconventional settings (including courses intended for use in Internet distance education projects). The License shall continue to be available to the University even if the faculty member should leave the University. The University may, at its discretion, alter, add to, or otherwise change course materials in keeping with the educational purposes of the License. If they wish to do so, faculty members may also make necessary changes to maintain the accuracy and currency of their course materials.

This License to the University is not intended to inhibit the faculty member or student's ownership or use of the Work and the Intellectual Property Rights therein. The University will make reasonable efforts to display indicia of the authorship of a Work. This License shall be presumed to arise automatically and no additional formality shall be required, and shall be in addition to any interests received by the University in Royalties (Section III).

V. Agreements Between Faculty and Students

From time to time, current faculty members may wish to enter into agreements with current students relating to the creation of Works (and commercialization thereof) outside of the scope of their activities with the University. Except to the extent that such Works fall within one of the Exceptions, the University will have no stake in any Intellectual Property Rights therein. However, the faculty members are required to disclose the existence and general nature of such agreements to the Provost in order for the University to safeguard against any impropriety or unfairness or the appearance thereof.

VI. Exceptions

See Exceptions.

Additional Information

Conflict Resolution

Administration of this Policy shall be the responsibility of the Office of the General Counsel. Questions should be directed to the Office of the General Counsel regarding the application, interpretation or implementation of the Policy, or regarding any disagreement among creators concerning assignment or apportionment of Intellectual Property Rights or sharing of royalties. Disagreement with any determination made by the Office of the General Counsel may be directed to the Provost for a final determination.

Changes to This Policy

The University reserves the right to change this Policy from time to time. The Board of Trustees has sole authority to approve changes to this Policy.

Contact

Please contact the Office of the General Counsel with any questions regarding this policy.

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