ARTICLE 18 - PATENTS, INVENTIONS, COPYRIGHTS, AND INTELLECTUAL PROPERTY RIGHTS.

18.1 Property of an Employee. An employee shall be entitled to complete ownership and control of any intellectual property including inventions and copyrightable material, created outside of the course and scope of their employment. In this context, activity outside the scope and course of employment is activity that is not specifically required by the College for employment.

18.2 Property of College. In the event an employee is reimbursed or provided release time by the College specifically for development of books, articles, or other materials for use by either students or staff, then the materials will become the property of the College and any copyright or patent of such materials will be by the College; however, the staff member will be credited for the development of the material.

18.2.1 Employee Equity. In the event such materials are used commercially, the employee shall retain equity in the material following recovery by the College of its investment in the project.

18.2.2 Apportionment. When determining apportionment of equity for receipts derived from materials developed under Section I 2 of this Article, the department chairperson shall recommend the specific apportionment for approval by the Office of Instruction and the College President. If the employee is not satisfied with the recommendation, he/she may also obtain a recommendation from a College committee representing the Board of Education, the Office of the President, a department chairperson, and an instructor selected by the employee.

18.2.3 Board Decision. All recommendations shall be considered by the College Board prior to issuance of a final decision.

18.3 Use of College Equipment and Facilities. With prior approval, the employee shall be authorized use of College equipment and facilities so long as such use does not interfere with instruction and the College is reimbursed for the cost. The allowed use of college equipment and facilities shall be timely bargained, pending consultation with attorneys.