COLUMBIA THEOLOGICAL SEMINARY

Intellectual Property Rights Policy The Seminary has adopted an Intellectual Property Policy which is stated in its entirety below: This policy exists to encourage research and innovation, clarify ownership of intellectual property rights, create opportunities for public use of Seminary innovations, and provide for the equitable distribution of monetary and other benefits derived from intellectual property. General Principles 1. Columbias primary mission includes the creation and dissemination of knowledge in works of the intellect, which may be embodied or expressed in various media (tangible or otherwise). This Policy recognizes and acknowledges that intellectual property rights may arise in such works from time to time as a result of efforts by members of the Columbia community. The Policy addresses certain recurring issues of ownership with respect to such rights. 2. In this Policy Columbia reaffirms its traditional commitment to the personal ownership of intellectual property rights in works of the intellect by their individual creators, whether the creators work alone or with others, and whether they work privately or as members of the Columbia community. 3. Columbia may also create or commission such works in its own behalf, whether as worksfor-hire or otherwise; and Columbia may acquire such works from, or develop them in company with, individual authors on mutually agreeable terms. 4. The moral rights of each individual creator will be respected to the extent practicable in every case contemplated by this Policy; and in no case will the Seminary fail to recognize an individual creator's entitlement to acknowledgment, attribution or other appropriate credit, to the fullest extent practicable. Definitions 1. Creator means the individual or group of individuals who authored, invented, or were otherwise responsible for creating the intellectual property. 2. Intellectual Property means any copyrightable work, trademark, invention, discovery, improvement, trade secret, and licensable know-how and related rights. Intellectual property includes, but is not limited to, individual or multimedia works of literature, art or music, records of confidential information generated or maintained by the Seminary, data and databases, texts, instructional materials including course capture media files, tests, bibliographies, research findings, and theses. Intellectual property may exist in a written or electronic form, may be raw, composite or derived, and may be in the form of text, multimedia, computer programs, spreadsheets, formatted fields in records or forms within files, databases, graphics, digital images, video and audio recordings, live video or audio broadcasts, performances, two or three-dimensional works of art, musical compositions, executions of processes, film, film strips, slides, charts, transparencies, other visual/aural aids or CD-ROMS.
1

3. Net Income means the gross monetary payments the Seminary receives as a result of transferring rights in the intellectual property less the Seminarys out-of-pocket expenditures (including legal fees) directly attributable to protecting, developing, and transferring that intellectual property. 4. Regular Academic Work Product means any copyrightable work product which is an artistic creation or which constitutes, or is intended to disseminate the results of, academic research or scholarly study. Regular academic work product includes, but is not limited to, books, class notes, theses and dissertations, course materials designed for the web, distance education and other technology-oriented educational materials, articles, poems, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic and sculptural works, or other works of artistic imagination. 5. Constituent means a person employed or otherwise formally connected to the Seminary, or a volunteer exercising an official function on behalf of the seminary, including faculty members, staff members, board members, and students. 6. Specially Commissioned Work means a work specially ordered or commissioned, and which the Seminary and the creator expressly agree in writing shall be considered as such. Seminary Ownership 1. Subject to the exceptions listed below, the Seminary shall be the sole owner of all intellectual property created through the use of Seminary resources or facilities, supported directly or indirectly by funds administered by the Seminary, developed within the scope of employment by constituents, agreed in writing to be a specially commissioned work, or assigned in writing to the Seminary. 2. Intellectual property rights arising in Columbia Theological Seminarys name, logos and other appurtenances of identity belong to Columbia. Such rights may be licensed from time to time upon suitable terms and conditions approved by the President, taking into full and appropriate account the research, teaching and collegial missions of the Seminary. Members of the Columbia community may identify themselves as such from time to time, with such symbols of their status as is usual and customary in the academy; but any use of Columbias name, logos or appurtenances of identity shall be reasonably calculated to avoid any confusing, misleading or false impression of particular sponsorship or endorsement by Columbia, and when necessary shall include specific disclaimers to that end. Exceptions to Seminary Ownership 1. Regular Academic Work Product. A regular academic work product is owned by the creator and not the Seminary. This does not apply to a regular academic work product that is assigned in writing to the Seminary or specifically ordered or commissioned and designated in writing by the creator and Seminary as a specially commissioned work.
2

2. Course Requirement. Intellectual property created solely for the purpose of satisfying a course requirement is owned by the creator and not the Seminary. This does not apply if the creator assigns ownership rights in the intellectual property to the Seminary in writing or assignment of such ownership rights to the Seminary is made a condition for participation in a course. 3. Pre-Existing Rights. If the intellectual property referred to in items 1 and 2 above is a derivative of or otherwise uses preexisting Seminary-owned intellectual property, this section shall not prevent the Seminary from asserting its preexisting rights. 4. Contractual Agreements. For intellectual property created in the course of or pursuant to sponsored research, external sales, corporate affiliates programs, or other contractual arrangements with external (non-Seminary) parties, ownership will be determined in accordance with the terms of the Seminarys agreement with the external party and applicable law. 5. Outside Consulting Activities. For intellectual property created in the course of or pursuant to activities that fall within and comply with the Seminarys By-laws, ownership will be determined in accordance with the terms of any agreement governing intellectual property developed pursuant to such activities. 6. Provision for Declaring Further Exceptions. The Dean of the Faculty, with the concurrence of the Executive Committee of the Faculty, may declare additional exceptions to these principles, on just and reasonable terms, when a particular transaction or category of work appears to require extraordinary treatment. Works created specifically for or in the context of the emerging digital or internet environment, for example, may justify extraordinary treatment more often than do works in traditional media. Use of Teaching Materials In order to facilitate joint work on teaching materials and support collaborative teaching, and notwithstanding the ownership rights otherwise granted by this policy, individuals who contribute teaching materials used in jointly developed and taught Seminary courses thereby grant a nonexclusive, nontransferable license to the Seminary to permit other contributors to the course to continue using those jointly produced teaching materials in Seminary courses. Distribution of Income Unless otherwise agreed in writing by the Seminary and the creator, in the event that the Seminary receives income from intellectual property that is derived from academic research or scholarly study that is disclosed to and licensed or otherwise transferred by the Seminarys technology transfer unit, and that is not agreed in writing to be a specially commissioned work, any net income will be divided as follows: a. 50% to the creator; b. 50% to the Seminary.
3

Seminary Responsibilities The Seminary shall have the responsibility to: 1. Provide oversight of intellectual property management and technology transfer; 2. Establish effective procedures for licensing intellectual property; 3. Promote effective distribution and marketing of intellectual property; 4. Protect the Seminarys intellectual property; and 5. Inform individuals covered by this policy about its provisions. Responsibilities of Applicable Individuals Constituents have a responsibility to: 1. Adhere to the principles embodied in this policy; 2. Sign, when so requested by the Seminary, the Seminarys Intellectual Property Policy Acknowledgment; 3. Create, retain, and use intellectual property according to the applicable local, state, federal, and international laws and Seminary policies; 4. Disclose promptly in writing intellectual property owned by the Seminary pursuant to this policy or created pursuant to sponsored research or other contractual arrangements with external parties as detailed above, and assign title to such intellectual property to the Seminary or its designee to enable the Seminary to satisfy the terms of any applicable funding or contractual arrangement; and 5. Cooperate with the Seminary in securing and protecting the Seminarys intellectual property, including cooperation in obtaining copyright, or other suitable protection for such intellectual property and in legal actions taken in response to infringement. Compliance Failure to comply with the provisions of this policy is a violation and may result in discipline of a constituent in accordance with applicable Seminary policies and procedures. Appeals and Arbitration A person aggrieved by the proposed application of any provision of this Policy may appeal within six months from the appearance of such grievance on such grounds as appear relevant, just and reasonable, first, to the Dean of the Faculty, who shall give decision in no more than ninety calendar days from the lodging of the appeal; and second, within ten business days after the Dean of the Facultys decision, to the President of the Seminary, who shall give decision in no more than thirty days from the date of the Deans decision, and whose ruling shall end the Seminarys claim of jurisdiction in the matter. Thereafter, the aggrieved person may proceed as of right to binding arbitration before a single arbitrator pursuant to the commercial arbitration rules of the American Arbitration Association. Each party shall bear its own costs in connection with the proceedings; but in the event an Arbitrator finds that a party has proceeded in bad faith the Arbitrator may award costs and expenses (including attorneys' fees) to the other party. Effective Date; Prior Works
4

1. This Policy shall take effect upon approval by the President, the Faculty, and the Board of Trustees of the Seminary. 2. Intellectual property rights in works created prior to the effective date of this Policy shall be treated in accordance with the principles articulated in this Policy, to the extent that such treatment is practicable, just and reasonable. Approved by the President, February 15, 2012. Approved by the Faculty, March 1, 2012. Approved by the Board of Trustees Executive Committee, September 4, 2012. Approved by the Board of Trustees, October 1, 2012.