software for use by the College, and all such works are considered work for hire that is owned by the College. At the College’s request, any employee developing such works shall execute an agreement acknowledging that the work is considered a work for hire agreement recognizing ownership in the College. Any refusal to execute such an agreement following the College’s request shall not affect or otherwise change the status of the work as a work-for-hire that is owned by the College. Pre-Existing Works. Works developed and pre-existing at the time of employment or other relationship with the College shall be exempt from this Policy, provided that written disclosure describing the Work is made to the College within 30 days of employment or the effective date of this Policy, whichever is later, and so long as no further derivative modifications are made by the creator during the term of employment or other relationship with the College. Special Exemption Works. An employee may apply in writing to the College for a Special Exemption from the Policy for Works created during employment with the College where such Works are clearly distinct from the education mission of the College and are outside of the scope of employment of the employee (e.g., creation of a new cooking tool by a member of the English faculty during employment with the College). The President of the College shall designate a person or committee to review the application for exemption and make recommendation to the President of the College (or designee) who shall have the final authority to grant the special exemption for the described Work. License for Employee Use Following Termination of Employment. Works created or developed by College faculty, staff, employees, and/or consultants, and which Works are owned by the College shall, upon the termination of such individual’s employment (or consultation agreement, as applicable), be subject to a royalty-free, fully paid, nonexclusive license in perpetuity for the former employee/consultant to use or display the Works for non-commercial purposes. III. License for College Use (Including Display) of Intellectual Property. License of Intellectual Property. All Works created or developed by College faculty, staff, or consultants that are not owned by the College shall be subject to an irrevocable royalty-free, fully paid, nonexclusive license in perpetuity for the College to use or display the works. This license shall include the right to use all associated materials and documentation (such as syllabus and other material given to students), as well as the right to modify and amend, and to develop derivative uses, including use in contexts other than originally contemplated by the creators of the Work. This license shall include the right to make copies for use in scholarship, teaching, and research. Upon request of the College, the owner of the Work shall execute agreements that memorialize this license and the rights related to it.
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