Intellectual Property Rights Policy

Bladen Community College (BCC) encourages employees to be creative and productive in the course of their duties. Such creativity may result in ideas, inventions, or publications that may be considered intellectual property. Examples of intellectual property may be technical or creative in nature and might include, but are not limited to, patentable inventions, software, processes, methods, artistic works, publications, creative writings, audio or video recordings, simulations, institutional materials or course content materials.

For purposes of this policy “employee” is defined as all full-time, part-time, adjunct, consultant or student workers contracted by the College to provide services or other work.

All right, title and interest to all Intellectual Property conceived, created and/or produced to practice or that is copyrightable by a student to meet course requirements using College resources for which the student has paid tuition and fees to access courses/programs or using resources available to the public, is the property of the student.

Any Intellectual Property that is created by a contracted employee of the college with significant use of college or state support services including, but not limited to, facilities, staff and funding will be the property of the College. It is the College’s right and responsibility to apply for protection of such property under copyright and/or patent laws.

“Significant use” is defined as the use of staff time, computers, equipment, the granting of release time, or an allocation of resources not normally available to all members of an employment unit.

Contracted employees may pursue an agreement with the college for the sharing of ownership and/or royalties from property produced using significant College resources. A written sharing agreement must be approved by the College President and the BCC Board of Trustees before work is initiated. In the absence of such agreements, the College shall be deemed the sole owner of all Intellectual Property used for economic gain by any other individual, corporation or entity.

Any party desiring to enter into a contract or agreement with the College for the purpose of sharing ownership or royalties shall make such a request in writing outlining the project in sufficient detail as to enable the College to make an informed decision concerning entering into the agreement. This detail shall include a full, detailed description of the project; a full description of the benefits to the College, its students, and the community at large; and a detailed project budget and timeline for completion and implementation of the project.

Attorneys representing the College shall not provide legal counsel for any employee seeking a sharing agreement and shall represent the interests of the College solely.

Income generated from Intellectual Property will be handled in accordance with the North Carolina General Statues (Chapter 66, Article 10A, Inventions developed by Employee), the NCCC Administrative Code, NCCCS policies and procedures and BCC policies and procedures. Any regulations enacted by the NCCCS shall supersede this policy. Challenges to the Intellectual Property Rights Policy will be addressed through the College’s grievance procedure.