agreement to the contrary that is signed by both the creator and the College. Works that are considered “exempted or traditional scholarly works” shall not be treated as Works for Hire under this Policy unless there is a specific written agreement to the contrary between the College and the author. “Works” – Intellectual property as defined or recognized by law and custom created or developed through the application of intellectual efforts by one or more persons. II. Ownership of Intellectual Property Title to Works. Subject to specific exceptions as set forth herein, the College shall be the recognized sole owner of, and shall retain title to, all Works by faculty and staff who have created and developed such Works within the scope of their employment, or with substantial use of purpose-specific College resources; all Institutional Works; and any Works that are developed without disclosure to the College as required by this policy. Any attempt to assign, sell, or otherwise transfer title or rights to any Works owned by the College without the Board of Trustee’s prior written consent shall be void and of no effect whatsoever. Exempted or Traditional Scholarly Work. The College will continue to recognize ownership in the creator of Works that constitute “Exempted or Traditional Scholarly Work” as those terms are defined in this Policy. Work for Hire. Ownership of Works for Hire not otherwise exempted under this Policy shall vest in the College unless there is a specific written agreement regarding the creation of the work and that agreement specifically vests title or ownership in someone other than the College. In the case of non-employee third parties with which the College is contracting for services related to creation or development of the Work, it is the general policy of the College (subject to exception approved by the President or the designee of the President) to enter into written “work for hire” agreements in which the College will obtain or retain ownership rights in the work as part of the agreement for work or services. Where the College owns the copyright in a Work, it will acknowledge creators (including creators of Works for Hire) who have made a substantial creative contribution to the work, if the creators so request in writing to the Board of Trustees or other designated authority. Institutional Works. Software and related documentation as well as other works created by employees at the direction of the College for College administrative support purposes, such as documents for administrative use and computer software created by non-faculty staff employee programmers of the College for use by the College are considered works for hire. However, in the sole discretion of the College, the College may execute an agreement with employees to memorialize ownership in the employee creating such works. Staff employees may be directed to develop works,including
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