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Stephanie A. Barbee
DETT 611-9040
March 16, 2014
Assignment 2
University of Oklahoma: Copyright/Ownership Policy
Introduction
Intellectual policy is a term used to describe a legal concept that balances the products of
intellectual and creative merits of faculty and students with the ownership rights of an institution.
Intellectual property addresses the areas of copyright, patents, and trademark law, and
encourages further developments in all disciplines. The rights of individuals are protected from
infringement and the unauthorized use and misuse of their intellectual property. The University
of Oklahoma promotes the progress of science and the useful arts by securing for limited times to
authors the exclusive rights to their works and writings (The University of Oklahoma, 2014).
With its intellectual policy, the University of Oklahoma addresses issues of copyright,
intellectual property, patents, and trademarks, and reviews the rights and entitlements of faculty,
students, and the University.
Discussion
The University of Oklahomas policy regarding intellectual property addresses ownership
as it relates to scholarly or aesthetic, personal, sponsored or commissioned, University, and
student creations. It addresses how royalties and revenues are distributed, and outlines policy
regarding patents, trademarks, and the overall development of intellectual property. The policy
clearly defines ownership and how it applies to both faculty and students. Ultimately, the Board
of Regents declares that copyrights remain with creators unless the work was created with a
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considerable amount of University resources. Textbooks, course materials, scholarly papers and
articles, software and other computer materials, developed by University staff without direct
assignment or supervision by the University, and are not regarded as works made for hire
(University of Oklahoma, 2014).
The Universitys policy fosters discoveries and inventions by rewarding creative works,
and the policy ensures that the creators of copyrightable works share in the financial success
gained through the commercialization of intellectual property (University of Oklahoma, 2014).
However, should concerns arise, the policy clearly addresses compliance and the governing of
behavior as it relates to intellectual property. The Senior Vice President and Provosts oversee
copyright affairs, and establish written directives on intellectual property that are distributed to
employees and students of the University to ensure compliance. Ultimately, the Copyright
Committee and University President determine fair resolutions for all disputes regarding
intellectual property ownership.
Where ownership is concerned, personal works prepared outside the University and
without substantial use of University resources remain with the creator, but commissioned and
University works under the intellectual policy are treated differently. Commissioned works are
produced by people not regularly employed by the University, and written agreements between
both parties allow copyright ownerships of works to remain with the University. Typically,
agreements for commissioned work provide the University with irrevocable, free-of-cost, non-
exclusive, world-wide license to exercise all copyright rights to the work (University of
Oklahoma, 2014). Where substantial University resources are utilized, faculty work is
considered the property of the University. In some cases, the University respects the quality and
integrity of the creators work by awarding grant recognition (University of Oklahoma, 2014).
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In addition, faculty employed at the University are free to use their knowledge, experience,
creativity, and research in employment outside of the University.
The policy does not address the ownership of student works extensively, but provides
policy that establishes ownership rights and procedure for creative works accomplished during
active enrollment with the University. Ownership of copyright relating to student work remains
with the creator, if the student is not employed at the University or has not used University
funds. There are stipulations regarding a students graduate thesis or dissertation, as these works
are required works under a condition of enrollment or as a prerequisite for obtaining a degree.
Ultimately, the University possesses an irrevocable, non-exclusive, free-of-cost, and world-wide
right to reproduce and distribute copies on a non-commercial basis (University of Oklahoma,
2014).
There are many strengths and weaknesses within the University of Oklahomas
intellectual policy that may benefit or have a negative effect on the overall innovation and
creativity of its faculty members and students. Among the benefits, this policy is quite thorough
and includes regulations for the continuous review of the policy, policy governing revenue
percentages, and directives for establishing a University Copyright Committee. The Copyright
Committee includes two members appointed by the President, two members appointed by the
Faculty Senate, one student member, and two staff members, which establishes a diversely
objective committee to oversee all intellectual property concerns (University of Oklahoma,
2014). Another benefit of this policy is how it is maintained. In order to keep the policy up to
date, the committee keeps its own records, determines procedures and elects its own chair
member that is responsible for correspondence with the University President. The policy is
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reviewed on a continuous basis and the University Copyright Committee is responsible for
submitting recommendations.
While the policy appears to be fair and impartial, weaknesses may have a negative
influence on creativity and innovation of faculty and students. Ultimately, the policy does not
address course materials and copyright ownership adequately. In addition, it lacks policy that is
specific to distance education or the technological aspects of modern education. The closest
reference to both course materials and distance education is the following statement:
copyrighted courseware and/or software that are not associated with traditional works as
described shall fall under and are subject to the Patent Policy (University of Oklahoma, 2014).
The policy also hinders innovation and creativity from a faculty and student perspective, as there
are many restrictions to faculty and student intellectual property ownership.
Conclusion
The University of Oklahoma Intellectual Policy provides a comprehensive decree that
establishes the rights of faculty, students, and the University where copyrights, patents, and
trademarks are concerned. Unfortunately, weaknesses within the policy may cause a lack of
innovation and creativity among faculty and students. While this policy states that it is reviewed
by the Copyright Committee, it lacks any in-depth guidelines relating to course materials,
distance education, or technology. Where encouraging compliance and governing behavior are
concerned, the University of Oklahoma does an adequate job establishing parameters for issues
relating to intellectual property. Overall, the intellectual policy at the University of Oklahoma is
extensive and encourages innovation and creativity, but would certainly benefit from updating
their policy to include the more modern aspects of todays educational system.
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Reference
The University of Oklahoma (2014). Intellectual Property Policy. Retrieved from
http://otd.ou.edu/pdfs/Intellectual_Property_Policy.pdf