LDS Business College (“College”) administration, faculty, staff (including student personnel), and volunteers (“College Personnel”) are regularly involved in teaching, research, publications, development of course materials, and other scholarly and creative activities, including the creation of promotional materials for the College and associated activities and events. The purposes and mission of the College are best served in an an intellectual environment where creative efforts and innovations can be encouraged and rewarded, while retaining for the College access to, and use of, the intellectual properties that the College has provided assistance in developing. This policy is intended to support faculty, staff, and students in identifying, protecting, and administering intellectual property matters, defining the rights and responsibilities of all involved, and establishing support offices to provide the required assistance.
Types of Intellectual Property
- Copyrightable material produced from creative or scholarly activity, including but not limited to text (manuscripts, manuals, books, and articles); videos and motion pictures; music (sound recordings, lyrics, and scores); images (print, photographs, electronic, and art); course syllabi, lectures, tests, online and/or distance learning materials, multimedia programs; and, computer software (programs, databases, web pages, and courseware).
- Patentable works such as patents (processes, machines, manufactures, or compositions of matter); devices; and software excluded from copyrighted materials.
- Trademarked materials, such as words, names, symbols or logos, domain names, trade dress, and slogans or any combination of words which has been adopted by an organization to identify itself and distinguish itself and its sponsorship from others.
Management of Intellectual Property
The Public Affairs Office is the College’s primary resource on intellectual property issues related to the creation and distribution of internal and external messaging. This department advises College Personnel regarding use of the College name, brand, and logo, the incorporation of other entities’ names, brands, logos, and copyrighted materials in advertising videos, stories, social media messaging, and other ad campaigns, and coordinates with the Office of General Counsel at Brigham Young University regarding related legal issues.
The Learning Resources Department is the College’s primary resource on fair use and other copyright issues related to college publications and library collections and services, digital reformatting, distance education, and course packet creation. This department advises College Personnel regarding copyright policy, coordinates with the Office of the General Counsel at Brigham Young University regarding related legal issues, and assists College Personnel in their efforts to create and use instructional courseware and similar products.
Each unit leader will appoint designated trained, approved representatives to work with the Public Affairs Office and the Learning Resources Department to manage intellectual property issues within the unit. In addition, the director of each department has the responsibility of working closely with their respective employees to manage intellectual property within the College. This management includes educating College Personnel, soliciting and reviewing disclosures, and obtaining intellectual property licensing and permissions.
The business aspects of managing intellectual property owned by the College are the responsibility of the Vice President of Finance. This management includes overseeing and coordinating development, protection, acquisition, and commercialization efforts.
Ownership of Intellectual Property
The use of intellectual property, such as materials protected by copyright, trademark, or patent, is affected by ownership rights in those materials. In our educational environment and as members of the College community, we recognize the value of those rights as expressed in the copyright, trademark, and patent laws of the United States. All College Personnel and students are expected to respect the rights of intellectual property owners. For more information see the Copyright Policy, Trademark and Logo Use Policy, and Name and Likeness Use Policy.
Intellectual property created by College Personnel during the course of employment at LDS Business College shall be the sole and exclusive property of the College, except as the College shall choose to transfer such property, in full or in part, back to the creator. By way of illustration, the College shall own the intellectual property rights associated with any work in employment related circumstances including but not limited to:
- Work for Hire: Pursuant to the "work for hire" doctrine and the Utah Employment Inventions Act (UT 34-39-1 to 34-39-3) any work prepared by College Personnel within the scope of their employment is a work for hire owned by the College without an express written agreement specifying otherwise. The works anticipated in this paragraph and owned by the College broadly include any inventions or ideas, or part thereof, (a) conceived, developed, reduced to practice, or created by an employee within the scope of employment at the college; on the College's time; or with the aid, assistance, or substantial use of any of the College's property, equipment, facilities, supplies, resources, or intellectual property (b) the result of any work, services, or duties performed by an employee for the College' (c) related to the industry or trade of the College; or (d) related to the current or demonstrably anticipated business, research, or development of the College. The College claims ownership of all intellectual property and related rights created by College Personnel pursuant to this paragraph and College Personnel agree to assign and do hereby assign all right, title, and interest in any intellectual property, including future intellectual property, arising from the research conducted and/or activities described herein.
- Assignment: The creator has voluntarily transferred the copyright, in whole or in part, to the College.