Board of Trustees Manual

“College Resource” – Any item that is cost-consumable or is a tool or technology only accessible through the College. “Courseware” - The set of tools and technologies used to present course content, independent of the content itself. “Course Content” - The intellectual content of the course, as taught at or through the College. “Exempted” or “Traditional Scholarly Work” - A scholarly work that falls within certain categories of copyrightable works for which academic institutions have historically waived any ownership interest in favor of the author or work. The College will recognize the following as categories of exempted or traditional scholarly works: all forms of tangible art, including but not limited to paintings, sculpture, apparel and jewelry (not including software graphics or design elements), textbooks, class notes, original written handouts created by faculty, written syllabi created by faculty, research proposals, in-person classroom presentation and instruction (separate and apart from software that may be used in such presentation), scholarly articles, scholarly monographs, dramatic works and performances (but not including videotapes, movies and other multimedia presentations not performed in a live setting) poetry, and popular fiction and nonfiction. As new types of works become established as scholarly works, the College may, in its discretion, expand this list beyond these historically recognized and established categories. “Institutional works” - Institutional works are certain works produced as part of a collaborative effort under the supervision of a department of the College. Institutional works include, for example, works created in a project initiated and directed by a department, or works that are created and then developed and improved over time by a series of individuals, where authorship cannot be attributed to any one individual or group of individuals. Examples of the latter would be certain kinds of software or certain administrative forms that are developed and then improved and updated over time by multiple creators. Generally, institutional works shall also include works that are created at the direction of the College to support administrative/non-instructional functions, unless there are specific written agreements to the contrary. “Work for Hire” - “Work for hire” generally refers to a work that is prepared by Faculty, Staff, employees, or consultants to the College Administrative employee within the scope of his or her employment or pursuant to an agreement between the College and that individual. “Work for hire status” of a Work means that the College shall be considered the author and owner of the Work under the Copyright Act, unless there is a written

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