Policy Overview and Purpose [+]
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").
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. 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.
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.
University recognizes that individuals may have dual roles at the
University and that faculty members may also act in an administrative
capacity ("Faculty-Administrators). 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.
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 and the University's Minimum Rights. 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.
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.
Exceptions to the General Rule [+]
any one of the following Exceptions applies to a Work, then faculty
members and students who participate in the creation of the Work will
retain the following "Faculty/Student Minimum Rights": the right to
make and retain a reproduction; the right to include that reproduction
in their portfolio; and the non-transferable right to copy, use,
display, and distribute that reproduction for non-commercial purposes.
Such Faculty/Student Minimum Rights are in addition to any interest of
the creator set forth in Section IV below.
Exception 1: Outside Sponsored Research/Activities
Exception 1 applies to Works created as part of activities sponsored by an outside sponsor.
Research" is used here to mean all research or activities for which
financial support or contribution has been received from an external
organization or sponsor, including commercial establishments ("Outside
If the activities meet any of these conditions, then
the outset, the activity will be identified as falling within Exception
1 under the Policy so that student and faculty members know in advance
of the terms of this Exception and its applicability; and
knowledge of the terms of this Exception, each student and faculty
member will have the option not to participate in the activity; and
student and faculty participant will enter into a written agreement,
when appropriate, with the University and/or Outside Sponsor specifying
the Intellectual Property Rights to be transferred to the University
and/or Outside Sponsor and other terms; and
- the sponsored activity must be approved by the Provost or the Provost's designee.
all cases under Exception 1, students and faculty shall retain
Faculty/Student Minimum Rights. All other Intellectual Property Rights
retained by the students and faculty and all Intellectual Property
Rights transferred to the University and/or Outside Sponsor will be
governed by the provisions of the agreement with the University and/or
Outside Sponsor. The University may transfer some or all of its
Intellectual Property Rights to the Outside Sponsor. Any revenue
received by the University from commercialization of the Intellectual
Property Rights will be distributed as set forth in Section IV below.
Exception 2: University Commissioned or Sponsored Activities
2 applies to activities or Works which are commissioned or sponsored by
the University. A University commissioned activity or Work is one in
which the University specifically commissions a faculty member or
student to create a Work which will be either covered by the "work for
hire" doctrine or the subject of a separate agreement, such as an
agreement with respect to a faculty development grant or other type of
An activity or Work is
sponsored by the University when University support makes the Work
possible or when the University provides exceptional support, either
with money, facilities, equipment or staff, for the development or
production of a Work that is to be introduced commercially. In such
instances, if a Work developed or produced by means of such University
support is introduced commercially, it is reasonable for the University
to participate in the fruits of the enterprise and/or to be reimbursed
for the University's extra or special costs, and the University will be
entitled to do so. Use of library facilities and facilities available
to the general public, occasional use of office equipment and office
staff, and works created during the course of classroom instruction
will not ordinarily be considered the basis of University sponsorship
of a project.
The University may
designate certain University resources (i.e., facilities, equipment,
funding) (the "Designated Facilities") in which the University (i) has
made an exceptional investment and (ii) has recognized at the outset
that the use of such Designated Facilities may give rise to a
commercially viable product. The Provost will create and revise the
list of Designated Facilities as necessary, after consultation with an
advisory group composed of members of the University community
including faculty members. Students or faculty who create Works through
the use of any Designated Facilities are responsible for disclosing
such Works to the University. Such disclosure shall be made when it can
be reasonably concluded that the Works have been created, and
sufficiently in advance of any publications, presentation, or other
public disclosure to allow time for possible action that protects the
Intellectual Property Rights for the creator and the University.
Failure to make such disclosure is a violation of University Policy. At
any time after disclosure, the University may agree in writing to waive
its rights to participate under this Exception.
members or students may seek exemption from the terms of this Exception
and from University participation. Faculty members will not be
considered to have made the requisite use of Designated Facilities if
the faculty member receives advance written approval of the proposed
use from the Department Chair on one of the following grounds: (i) the
Work to be produced through the use of the Designated Facilities or
equipment is for academic purposes only and the faculty member does not
use any University-provided funds or University-administered funds in
connection with the activity; or (ii) the faculty member compensates
the University for the fair market value of the Designated Facilities
used for the project. Students will not be considered to have made the
requisite use of Designated Facilities if (i) the student receives
advance written approval of the proposed use from the Department Chair;
or (ii) the student does not use any University-provided funds or
University-administered funds in connection with the activity. Projects
which are exempted for one of the foregoing reasons shall be reported
to and reviewed by the Provost.
all cases under Exception 2, students and faculty shall retain
Faculty/Student Minimum Rights. Any revenue received by the University
from commercialization of the Intellectual Property Rights will be
distributed as set forth in Section IV below.
Exception 3: Student or Faculty Initiated Agreements
Exception 3 applies to Works created by a student or faculty member where the student or faculty member either:
and receives assistance from the University with obtaining intellectual
property protection (i.e., getting a patent) or assistance with an
agreement or with commercialization of a Work; or
permission and the University, in its sole discretion, grants
permission to use one of the University's names, trademarks or other
University intellectual property rights in connection with a Work.
members and students must obtain the University's approval before using
one of the University's names or trademarks in connection with a Work.
either (a) or (b) is the case, then the student or faculty member shall
enter into an agreement whereby the University, or affiliate of the
University, will provide such assistance or an agreement whereby the
University will provide such permission to use the name or trademark.
The agreement will establish the structure and goals of the initiative,
and it will outline the obligations of each party contributing to it.
all cases under Exception 3, the student or faculty member shall retain
Faculty/Student Minimum Rights. The agreement will allocate
Intellectual Property Rights and compensation among the parties in
light of, among other things, the contribution of each party to the
initiative, the rights that the parties may require to perform their
roles within the initiative, or the scope of use of the University's
name or trademark. Any revenue received by the student or faculty
member from commercialization of the Intellectual Property Rights or
use of the University's name or trademark will be distributed as set
forth in Section IV below.
Distribution of Royalties Derived from Commercialization [+]
income and other non-equity revenue derived from the licensing of
Intellectual Property Rights under any of the Exceptions listed above
will be distributed as follows, unless the University and the creator
have agreed in writing upon an alternative distribution arrangement:
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:
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 or academic division
- 10% to faculty development programs or student scholarships.
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.
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.
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
Section IV above.
Agreements Between Faculty and Students [+]
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.
Conflict Resolution [+]
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
Changes to this Policy [+]
University reserves the right to change this Policy from time to time.
The Board of Trustees has sole authority to approve changes to this