Trademark, definitions, guidelines
Trademarks and service marks may be created in association with an underlying license for another form of intellectual property, such as a patent, or independently, such as a university logo or symbol.
- Associated with Other Intellectual Property. The University owns a trademark or service mark if it is associated with other intellectual property owned by the University.
- Independently Created. The University owns trademarks and service marks that are independently created by Personnel within the Scope of Employment unless the University agrees otherwise in writing.
- Commercialization. The University may commercialize or license its trademarks and service marks.
- Registration. The president or designee shall approve registration of trademarks or service marks, at the state or federal level.
- Contracted Work
- A contracted work is a work produced for University purposes by individuals not employed at the University, or by University employees outside their regular University employment. For purposes of this policy, faculty overload and summer courses are not considered contracted work.
- Copyright is the property right granted by Federal statute for original works of authorship fixed in a tangible medium of expression. Copyright provides the holder with five exclusive rights: the right to copy; the right to prepare derivative works; the right to distribute copies; the right to perform the work publicly; and the right to display the work publicly.
- Distance Education
- Distance education is instruction in which the majority of instruction occurs when the student and instructor are not in the same physical setting.
- A person employed or otherwise compensated by the University, including faculty members, non-faculty personnel, and students when acting within the scope of employment.
- Independent Academic Effort
- Investigation, research or scholarly creative activity carried out by faculty members to advance knowledge or the arts when the specific choice, content, course, and direction of the effort is at the initiative of the faculty member. Examples include class notes, books, theses and dissertations, course materials designed for the web, distance education and other technology-oriented educational materials, articles, fiction and non-fiction, poems, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic and sculptural works or other works of artistic imagination not created as an institutional initiative. Software specifically needed to support independent academic effort or which is designed to disseminate the results of academic research and scholarly study is also considered an independent academic effort.
- Intellectual Property
- The three major types of intellectual property are artistic works, functional objects and words or symbols identifying a given product. These three kinds of property are protected in turn by copyright, patent and trademark.
- A contract in which a copyright owner grants to another permission to exercise one or more of the rights under copyright.
- One who produces a work by his or her own intellectual labor. When there is more than one originator, the ownership of each originator’s contribution shall be considered separately pursuant to this Policy.
- Permissible Outside Consulting Activities
- Professional or scholarly services provided by University employees for compensation from a non-University entity, which do not interfere with regular University duties, do not utilize substantial University resources, and are not prohibited by terms of the University employment contract or other applicable University agreements or policies.
- Patent is the property right granted by Federal statute for inventions, designs of functional things and organisms created by human intervention.
- Payments made to an owner of a copyright for the privilege of practicing a right under the copyright.
- Scope of Employment
- All activities related to the field or discipline of the faculty member’s appointment, or related to the employment responsibilities of non-faculty personnel.
- Sponsored Research Agreements
- Grants, contracts, cooperative agreements, and other agreements under which research or development activities will be carried out, or other agreements administered by the University that relate to intellectual property created under the agreement.
- People enrolled in the University, acting within the course of their academic work, including, but not limited to, undergraduates, graduate and professional students, non-degree students, and not-for-credit students
- Trademark and Service Mark
- Trademarks and service marks are the identification of commercial origin. A trademark protects any word, name, symbol, or device, or any combination thereof adopted by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others. Similarly, a service mark protects any word, name, symbol, or device, or any combination thereof adopted by a provider to identify intangible products such as services and distinguish them from those services provided by others.
- University Resources Usually and Customarily Provided
- When determining ownership and license rights in copyrightable works, “university resources usually and customarily provided” includes such support as salary, office space, library facilities, and ordinary access to laboratories, computers and networks. It also includes university-provided facilities and resources where creators customarily use these facilities and resources in the creation of works of artistic imagination, such as computer hardware and software, studios, etc.
In general, it does not include use of students or employees as support staff to develop the work, or substantial use of specialized or unique facilities and equipment, or other special services provided by the University unless approved as an exception.
- University Resources Not Customarily Provided
- Buildings, equipment and other facilities designated by a Cabinet Officer as requiring an advance written agreement concerning the disposition of any copyrighted works that are originated with the use of these facilities by University personnel acting outside the scope of their employment, or by non-University personnel.
- Work for Hire
- Intellectual property made by a university employee as a result of the employee’s duties.
TEACH Act guidelines
Norwich University faculty are encouraged to use one of the checklists below to determine whether their use of copyrighted material meets the TEACH Act (Technology, Education, and Copyright Harmonization Act) requirements.
- Checklist for Compliance with the TEACH Act (University of Indiana) (PDF)
- Rules of Thumb (University of Texas)
Fair Use guidelines
There are four factors used in determining fair use. Norwich University faculty are encouraged to use the checklists below in determining whether their use of copyrighted material meets the Fair Use requirements.