IV.
Obligations of Faculty and Staff
Disclosure and Coordination. In order to (i) promote advance planning and collaboration for the most effective use of the Work by the College, (ii) avoid legal issues and conflicts that can arise, and (iii) effectively coordinate use of College resources to support the creation and development of any Work, disclosure to the College of the creation of a Work (or the intention to create a Work) must be made as soon as possible, and in any event, within one hundred and twenty (120) days of the effective date of this Policy, or within sixty (60) days of the initiation of the Work, whichever is later. An important obligation of faculty and staff who desire to create a Work is early disclosure of their creative activities to their respective Dean or administrative supervisor. This disclosure must be in writing and identify the goals and proposed applications for the Work and identify all resources of the College that could be used in the creation of the Work, or to facilitate the creation of the Work. Required Permissions. It is the responsibility of the faculty, staff, or consultants who are creating a Work, or intending to create a Work, to ensure that the Work does not use or infringe upon intellectual property that is owned by others. If the Work does include such any such third-party intellectual property, the faculty member, staff member, or consultant, as the case may be, shall be responsible for obtaining all necessary licenses, releases, and permissions for use of the intellectual property in the Work. The College may require assurance that the Work does not infringe upon the intellectual property rights of others, which shall be promptly provided. All faculty, staff, and consultants shall indemnify the College and hold it harmless against all costs, including court fees and attorneys’ fees, that the College incurs as a result of any claim that the Work infringes on the intellectual property belonging to a third party, and shall take all such remedial steps in connection therewith as requested by theCollege. Conflicts of Commitment; Conflicts of interest. Independent of ownership, and subject to any policies of the College regarding conflict of interest or conflict of commitment, a member of the faculty or staff may create Works at or for other academic institutions only with permission of the President or the President’s designee, and generally then only as part of ordinary scholarly exchanges, including visiting Instructorships and guest lectures, as long as these activities do not include or allow the commercialization of any course content, courseware or other teaching or research- related activities created or conducted at another institution, unless the Works are also licensed to the College for use in the same manner as provided herein for Works that are created at the College. The requirement for permission and prohibition on conflict of commitment and conflict of interest activities as they may apply to such Works shall extend for the term of employment, and in the case of software, for a period of three (3) years after the date of termination of the faculty or staff member’s employment by the College. The requirement for permission shall not apply to sales of developed Works to third parties so long as the member of the faculty or staff does not participate in
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