A. Introduction

This section describes the University of Tampa’s policy governing the ownership of Intellectual Property. By promulgating this policy, the University seeks to delineate clearly the rights and responsibilities of the University and those of its Faculty, staff, students, and independent contractors who are involved in the creation of Intellectual Property. In affirmation of the University’s commitment to the free and open creation and exchange of scholarly information and academic research, the University anticipates that the avoidance of doubt afforded by this policy will engender an environment that fosters creativity and innovation.

1. The policy is effective as of September 6, 2005, the date first approved.
2. The policy applies to all units of the University, including all colleges, departments, centers, and institutes; and to all University personnel, including all students, faculty, staff, and independent contractors.
3. Definition of Terms

   The following terms used throughout the remainder of this policy are defined as follows:

   1. Creator(s) Defined. The person(s) who first develops, authors, invents, or otherwise originates the intellectual property to the degree that it is identifiable as a unique and separate item of intellectual property.
   2. Owner(s) Defined. The person(s) or institution(s) that possess the legal right of ownership to the intellectual property at a given point in time. The owner may be the creator or another person or institution who subsequently obtains ownership rights to the intellectual property.
   3. Intellectual Property Defined. As used in this Policy, the term “Intellectual Property” means:
      1. All works subject to copyright protection (including writings, pedagogical works in all formats, photographs, musical compositions, motion pictures, audiovisual works, multimedia works, sculpture, works of art, architectural works, data, and designs and software that cannot be patented);
      2. All inventions subject to patent protection (including articles of manufacture, devices, compounds, plants, biological materials, processes, methods, patentable designs, and patentable software);
      3. All trade secrets, know‐how, and other proprietary information that obtains value from being kept confidential;
      4. All proprietary and intellectual property rights that apply to the foregoing in any jurisdiction, and the right to apply for and renew the same; and
      5. The exclusive or shared right to make, use, license, commercialize, and deal in the foregoing.

   4. Hybrid Program Defined. A program that combines online and traditional face-to-face classroom instruction and is organized to reduce or replace the number of required face-to-face contact hours by no more than 50% of a traditional ground-based program.

   5. Online Course Defined.  A course where the instruction (interaction between students and instructors and among students) occurs when students and instructors are not in the same place through synchronous or asynchronous technology.