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3.2.14 Intellectual property rights


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. These policies apply to students, faculty, and staff. (Intellectual property rights)


 
Judgment of Compliance
Partial Compliance
Narrative

An intellectual property policy is required by Texas Statues Education Code, Chapter 51.680 for all institutions of higher education in Texas [1]. Sam Houston State University is a member of The Texas State University System (TSUS) and as such is governed by The Texas State University System Rules and Regulations. Ownership and compensation issues related to copyrights and patents are covered in The Texas State University System Rules and Regulations Chapter III, Sections 11 and 12 [2] [3].

However, SHSU has several policy statements that deal with aspects of intellectual property that give definition to the State and System-wide policies. The distribution of the University’s portion of revenue from copyrights and patents is covered by Academic Policy Statement 980114 – Distribution of Copyright and Patent Royalties [4]. Academic Policy Statement 021120 – Planning and Conducting Distance Education Policy details faculty ownership interests in developing distance education courses [5]. In addition, it delineates compensation of intellectual property as it relates to distance education. The potential for conflicts of interest is addressed in Academic Policy Statement 950809 – Conflict of Interest Policy Pertaining to Sponsored Projects [6]. SHSU also has a Patent Committee and a Copyright Committee [7] [8].

Sam Houston State University also provides students, faculty, and staff with guidance for the use of copyrighted material. This guidance is provided in Academic Policy Statement 891208 – Use of Copyrighted Material [9]. In addition, SHSU’s Newton Gresham Library maintains a web-site dealing with copyrights and fair use [10], and every student receives instruction about use of copyrighted material in ENG 164, ENG 165, and SAM 136 [11] [12] [13]. Students also receive information about academic honesty in the Student Guidelines [14].

Action Plan
During the 2008-2009 Academic Year, the University will create a comprehensive intellectual property policy that explicitly addresses ownership and compensation.

Supporting Documentation
Documentation Reference
Document Title
[1] Texas Statutes Education Code, Chapter 51, Section 51.680
[2] The Texas State University System, Rules and Regulations, Chapter III, Section 11
[3] The Texas State University System, Rules and Regulations, Chapter III, Section 12
[4] Academic Policy Statement 980114 - Distribution of Copyright and Patent Royalties
[5] Academic Policy Statement 021120 - Planning and Conducting Distance Education
[6] Academic Policy Statement 950809 - Conflict of Interest Policy Pertaining to Sponsored Projects
[7] Patent Committee, SHSU
[8] Copyright Committee, SHSU
[9] Academic Policy Statement 891208 - Use of Copyrighted Material
[10] Newton Gresham Library - Copyrights and Fair Use, Webpage
[11] Syllabus - ENG 164
[12] Syllabus - ENG 165
[13] Syllabus - SAM 136
[14] Student Guidelines - Academic Honesty

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Sam Houston State University
Huntsville, TX 77341
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