BAMSI is committed to providing an environment that supports the learning, teaching and creative activity of its students, faculty, and staff. This Intellectual Property Rights is intended to encourage excellence and innovation in teaching and creative activities by identifying and protecting the rights of faculty, staff, students, and the Institute. The policy seeks to encourage the notion that creative works produced at BAMSI should be used for the greatest possible benefit.
The policy governs the respective ownership rights of the Institute and its employees in material produced within the scope of employment. The policy protects the traditional rights of scholars with respect to the products of their intellectual endeavors. The Institute cedes ownership to the author(s) of scholarly and academic works such as books, papers, and journal articles created by faculty who use only generally available Institute resources. When BAMSI support makes the work possible or when it provides extra or special support, either with money, facilities, equipment, or staff for the development of ideas or the production of works, it is reasonable for BAMSI to participate in the benefits of the work. The Institute asserts its right of ownership if substantial BAMSI resources (including sponsor-provided funds) are used in the creation of the work.
The Institute owns the rights to all works, inventions, developments and discoveries (herein referred to as "work" or "works") created through the effort of individuals who are compensated by BAMSI or which involve the substantial use of College equipment, services or resources. This includes any patentable invention, computer–related software, databases, web–based learning, and related materials.
The Institute has does not assert any claim or ownership interest in the following categories of scholarly or academic works: textbooks; class handouts or presentations; research articles, proposals or monographs; student theses or dissertations; paintings; drawings; sculpture; musical or dramatic compositions and performances; poetry; and popular fiction and nonfiction. Ownership of these categories of traditional faculty endeavor is waived by the Institute in favor of the faculty member, and these are exempt from the provisions of this policy. The use of College resources is substantial when it entails the dedicated use of BAMSI equipment, facilities, personnel or funding, or resources not ordinarily used by or available to all, or virtually all members of the Faculty. The use of a computer in a faculty office, incidental supplies, and occasional use of BAMSI personnel or shared facilities would typically not be considered substantial use.
In contrast, utilization of BAMSI laboratories or special instrumentation, dedicated assistance by College employees, special financial assistance, or extensive use of shared facilities would constitute substantial use. Funds and facilities provided by governmental, commercial, or other private organizations that are administered and controlled by the Institute shall be considered BAMSI resources for purposes of this policy.
If a work results from research sponsored in whole or part through governmental or other outside funding, the research agreement shall govern the disposition of intellectual property rights, but no research agreement shall be entered into without the review and approval of the Executive Director in order that the Institute may protect its intellectualproperty rights to the greatest extent possible. If the sponsor does not assert an ownership interest, ownership vests with the College as provided in this policy. Where a question arises of whether a particular work involves compensated effort or substantial use of College resources, the matter shall be referred to an ad–hoc committee comprised of two members of Faculty, the Executive Director or designee, and the Bursar or designee.
If an individual creates a work that is potentially covered by this policy, he or she is expected to immediately notify his or her School Dean and the Executive Director and provide them with sufficient detail to permit the College to evaluate the work and, if appropriate, take steps to protect the intellectual property rights. If the Institute decides not to exercise its ownership in a particular case, the ownership rights and responsibilities related to such, rights for patenting, copyrighting and licensing shall rest with the author(s).
The Institute retains a non-exclusive, royalty-free right to use for non-commercial purposes works produced by its employees acting within the scope of employment even if ownership is ceded to the author(s).