2007 Reaffirmation Teams :: 3.2.14 - 2007 Reaffirmation Teams

2007 Reaffirmation Teams

3.2.14 - 2007 Reaffirmation Teams

The institution's policies are clear concerning ownership of materials, compensation, copyright issues, and the use of revenue derived from the creation and production of all intellectual property. This applies to students, faculty and staff.

Compliance Judgment

Compliance

Narrative

The University of Texas at Dallas (UT Dallas) has established a portfolio of policies and resources relating to ownership of materials, compensation, copyright, and the use of revenue derived from the creation and production of all intellectual property. These policies apply to all university students, faculty, and staff and are made available to them through multiple channels, including UT Dallas’ Researcher’s Guide [1], the Faculty Handbook [2] [3], and the UT Dallas Compliance Training Post modules [4] [5].

As a constituent of The University of Texas System (UT System), UT Dallas operates under UT System policies. The UT System Intellectual Property Policy [6] outlines criteria for guidance of the administrators, faculty, and staff of UT System component institutions concerning the development, use, ownership, management, and marketing of intellectual property. This policy is also available online to readers unfamiliar with legal terminology through the publication UT System Intellectual Property in Plain English [7].

Based upon this UT System policy, UT Dallas has established Policy Memorandum 79-III.27-36, Intellectual Property Policy [8], which is published on the Executive Vice President and Provost’s Policy Memoranda website [9]. This policy reaffirms the UT System policy on ownership of intellectual property created by UT Dallas students, faculty, and staff and establishes the process by which the university determines how and when to exercise these ownership rights. In addition, Section V.B sets forth the university’s policy on sharing of revenue derived from the licensing of university-owned intellectual property.

Both the UT System and the UT Dallas policies define intellectual property as including but not limited to: inventions, trade secrets, writings, art works, musical compositions and performances, software, literary works, and architecture, regardless of whether or not they are protected by patent, copyright, trademark, or other law. Similarly, the policies on ownership of intellectual property make it clear that scholarly works created by students, faculty, or staff are the property of the individuals who created said works and not of the UT System or UT Dallas.

In support of maintaining the integrity of the intellectual property and research results created by UT Dallas faculty, staff, and students, Policy Memorandum 95-III.27-69, Research Investigator Financial Disclosure [10], requires full disclosure and management of any significant financial interests which could be seen as affecting the design, conduct, or reporting of research or educational activities.

Closely related to the intellectual property policy, the UT System Comprehensive Copyright Policy [11] addresses the use of others’ copyrights as well as the creation, ownership, and management of copyrights owned by UT System components, students, faculty, and staff. Based upon these policy guidelines, UT Dallas has established Policy Memorandum 84-I.3-46, Photocopying Copyrighted Materials [12], which defines the responsibilities and requirements of university students, faculty, and staff in the use of the copyrighted works of others. Students, faculty, and staff can find further guidance on the fair use of copyrighted materials in the UT System Policy on Fair Use of Copyrighted Material [13].

Efforts in UT Dallas’ library to communicate guidelines concerning appropriate use of copyrighted materials directly to students, faculty, and staff at the point of use include the copyright restrictions warning statement that appears prominently on Interlibrary Loan forms and documents, on self-service photocopy equipment, and on online workstations where students access electronic resources [14]. The McDermott Library also has its copyright guidelines for electronic reserves posted online [15]. In the required RHET 1101 classes that orient first-year students to university life and UT Dallas expectations for their intellectual performance, all the students attend a special presentation by the Office of Judicial Affairs where they examine manifestations of plagiarism and are referred to a research resources website for additional guidance [16]. The Office of Judicial Affairs maintains vigilance over student respect for the intellectual property rights of others by making available a variety of detection tools with which faculty can monitor papers and software code for evidence of scholastic dishonesty [17].

Policies regarding the use of computing and electronic resources are covered in the aforementioned UT Dallas Policy Regarding Photocopying Copyrighted Materials [12], and supplemented by the UT Dallas Web Publishing Policy [18] [19] and the UT Dallas Computing Software Copyright Policy [20].

In order to provide guidance for contracts and agreements concerning the development of distance learning courses and programs at UT Dallas, the UT System Office of General Counsel publishes intellectual property guidelines (Who Owns What? [21] and Courseware Contracts: Starting with the Right Contract [22]) on its website. The parameters of agreements with the UT TeleCampus (UTTC) for programs conducted via UTTC are governed by the TeleCampus Funded Educational Course Materials Master Agreement, such as the one negotiated in 2005 between UTTC and UT Dallas to conduct an online Master of Arts in Teaching program in science education [23]. Agreements for specific courses and programs are negotiated separately with the authors. An example of an agreement with instructors in the School of Management is provided in the supporting documents [24].

UT Dallas disseminates these policies to its students, faculty, and staff through various channels, including publications for students and faculty such as the aforementioned Office of Sponsored Projects’ Researcher’s Guide with its discussion of conflicts of interest, research integrity, and intellectual property [1]. The Center for Excellence in Learning and Teaching (CELT) runs orientation sessions each fall and winter for new faculty and new teaching and research assistants that cover UT Dallas’ policies and procedures as well as best practices [25] [26]. Specific training modules in the Training Post are dedicated to fraud [27] and copyright issues and intellectual property [28]. The Office of Judicial Affairs publishes on its website [29] Chapter 49, Title V, of the UT Dallas Handbook of Operating Procedures, which deals with student conduct and discipline [30], as well as information on avoiding dishonesty [31] and academic integrity [32].

Two university committees deal with intellectual property. The Advisory Committee on Research is specifically charged with advising on “internal policies to assure that returns to the university from patents and overhead are applied in such a way as to encourage and promote additional research [33].” The Intellectual Property Advisory Committee (IPAC) is “to recommend to the President as to whether and how U. T. Dallas and the System should assert and protect rights in intellectual property covered by this policy” and to help the president administer the Intellectual Property Policy [8].

Resolution of disputes regarding intellectual property policy and its application, and response to emerging issues in the field of intellectual property are handled in a consultative fashion with final decisions being made by the university’s president. In cases where the application of UT Dallas intellectual property policy is in dispute, the Office of Technology Transfer (OTT) issues an opinion based on the UT System Intellectual Property Policy and/or advice from the UT System Office of General Counsel; the president of the university is the final arbiter of the dispute. In cases where institutional policies require amendment and/or emerging issues require consideration, the OTT works with the IPAC to formulate a proposal; this is submitted to the president for a final decision. Sample minutes from meetings of the IPAC illustrate the university’s consideration of issues regarding intellectual property policies [34] [35].

Supporting Documents

Footnote Document
[1]UT Dallas Office of Sponsored Projects Researchers Guide
PDF Document, 19 Pages, 102.35 KB (manual1048)
[2]Online Faculty Handbook 2007-08 Contents Page
PDF Document, 1 Page, 14.36 KB (statement1323)
[3]Faculty Handbook Research Resources re: Intellectual Property and Copyright Info
PDF Document, 3 Pages, 24.68 KB (publication1145)
[4]UT Dallas Staff Compliance Training Modules
PDF Document, 5 Pages, 76.57 KB (training1010)
[5]Office of Audit and Compliance Training Homepage
PDF Document, 1 Page, 44.86 KB (statement1287)
[6] The University of Texas System Intellectual Property Policy
PDF Document, 7 Pages, 27.31 KB (policy1032)
[7]UT System Intellectual Property Policy in Plain English
PDF Document, 9 Pages, 47.61 KB (policy1030)
[8]Policy Memorandum 79-III.27-36 UT Dallas Intellectual Property Policy
PDF Document, 5 Pages, 14.75 KB (memo1015)
[9]Executive Vice President and Provosts Policy Memoranda Website Homepage
PDF Document, 2 Pages, 64.28 KB (statement1333)
[10]UT Dallas Conflict of Interest Policy (Research Investigator Financial Disclosure) - POLICY MEMORANDUM 95-III.27-69
PDF Document, 8 Pages, 20.31 KB (memo1016)
[11]UT System Comprehensive Copyright Policy
PDF Document, 3 Pages, 30.70 KB (policy1033)
[12]UT Dallas Policy Regarding Photocopying Copyrighted Materials - POLICY MEMORANDUM 84-I.3-46
PDF Document, 9 Pages, 21.22 KB (memo1020)
[13] UT System Policy on Fair Use of Copyrighted Material
PDF Document, 18 Pages, 75.73 KB (rule1019)
[14]McDermott Library Electronic Reserve Student Copyright Notice
PDF Document, 1 Page, 77.64 KB (procedure1029)
[15]McDermott Library Electronic Reserve Administrative Copyright Notice
PDF Document, 1 Page, 44.25 KB (procedure1028)
[16]Judicial Affairs Citation Research Resource: Plagiarism
PDF Document, 1 Page, 44.13 KB (procedure1025)
[17]UT Dallas Online Scholastic Dishonesty Detection Aids
PDF Document, 1 Page, 38.61 KB (procedure1026)
[18]UT Dallas Web Publishing Policy
PDF Document, 1 Page, 9.83 KB (policy1031)
[19]Web Publishing Policy re: Intellectual Property and Copyright
PDF Document, 3 Pages, 16.20 KB (publication1144)
[20]UT Dallas Computing Software Copyright Policy
PDF Document, 1 Page, 10.89 KB (policy1035)
[21]UT System Copyright Website: Who Owns What
PDF Document, 5 Pages, 41.66 KB (procedure1027)
[22]UT System Copyright Website: Courseware Contracts
PDF Document, 3 Pages, 35.60 KB (procedure1022)
[23]TeleCampus Funded Educational MAT-Science Education Course Agreement
PDF Document, 25 Pages, 1.61 MB (agreement1003)
[24]UTTC/UT Dallas Agreement for Economic Analysis Course
PDF Document, 6 Pages, 288.49 KB (agreement1009)
[25]Agenda, Teaching and Research Assistant Orientation - 15 August 2007
PDF Document, 2 Pages, 20.86 KB (agenda1025)
[26]Agenda, New Faculty Orientation - 29 August 2007
PDF Document, 2 Pages, 22.12 KB (agenda1026)
[27]Compliance Training Fraud, Outside Employment and Financial Interests
PDF Document, 39 Pages, 942.43 KB (training1002)
[28]Training Post: Copyright and Intellectual Property
PDF Document, 39 Pages, 586.69 KB (training1011)
[29]UT Dallas Office of Judicial Affairs Website and Link to Title V
PDF Document, 1 Page, 49.78 KB (statement1272)
[30]Chapter 49 Student Conduct and Discipline
PDF Document, 18 Pages, 59.49 KB (manual1026)
[31]Judicial Affairs Information on Avoiding Dishonesty Website
PDF Document, 2 Pages, 73.91 KB (statement1273)
[32]Judicial Affairs Information on Integrity Website
PDF Document, 1 Page, 36.45 KB (statement1274)
[33]Policy Memorandum 02-III.27-86 Advisory Committee on Research Charge
PDF Document, 2 Pages, 10.10 KB (memo1014)
[34]Intellectual Property Committee Meeting Minutes - dated 20070413
PDF Document, 1 Page, 66.40 KB (minutes1040)
[35]Intellectual Property Committee Meeting Minutes - dated 20070516
PDF Document, 1 Page, 58.68 KB (minutes1041)
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