Senate Document Number 3402S

Date of Senate Approval 02/14/02

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Statement of Faculty Senate Action:

FWDC 3:   Proposal to establish the "Intellectual Property Committee" as a new standing committee replacing the Patent Committee

Effective Date: 1 March 2002

Overview:
Issues affecting the use and ownership of intellectual property have stimulated great change over the last decade. Digitization of text, sound, and images is rapidly and greatly altering the intellectual property landscape. Late 1998 saw the signing into law of the Digital Millennium Copyright Act (DMCA) with its many changes to the existing copyright statutes. In reaction to the above in combination with rapidly evolving instructional technologies, the UNC President Molly Broad in 1998 charged an Intellectual Property Task Force (IPTF) to recommend policy changes affecting both the USE and OWNERSHIP of intellectual property within the UNC system. UNC's Office of the President (OP) promulgated the revised policy by Administrative Memorandum 409 on 21 November 2000. Subsequently, Administrative Memorandum 411 required implementation of campus policies by 1 August 2001.

Rationale:
The use of and questions concerning the ownership of intellectual property lie at the very heart of UNCA's liberal arts mission. What is fair and equitable when we use the intellectual product of another? What is legal? Each individual, whether faculty, staff, or student, is responsible and potentially liable for their use of intellectual property within the academic community. In addition, the University bears a financial responsibility for the actions of faculty and staff. Of equal importance are questions concerning the ownership of intellectual creativity. Does the faculty member or the University own the content of a web course? Who owns a web site created for a class? What happens when a particularly creative student writes a patentable software program or collaborates with a faculty member on a new scientific process? Who owns it? How are patent decisions made? At this point UNCA lacks retained counsel and possesses no systematized methods of dealing with the above. UNC's copyright policy requires the establishment of such a capability, the education of faculty, staff, and students in intellectual property law, and a methodology for resolving disputes. The establishment of an Intellectual Property Committee incorporating the duties formally assigned to the Patent Committee (see Faculty Handbook, section 9.4 (6)) seems the most efficacious solution.

Duties:
The Intellectual Property Committee (IPC) shall have such responsibilities as the Chancellor may specify concerning copyrights and patents, including but not limited to the following duties:

Propose to the appropriate advisory and governing bodies revisions to UNCA's policies on the use of copyrighted materials (e.g., classroom distribution of photocopies, web site content, online service provider exemptions under the Digital Millennium Copyright Act) and the ownership of intellectual property.

Recommend to the VCAA a continuing program to educate UNCA faculty, staff, and students about the use of intellectual property.

When new guidelines become available from the UNC system, propose to the appropriate advisory and governing bodies' revisions to UNCA's policies on the use of copyrighted materials and the ownership of intellectual property to ensure UNCA compliance with system parameters.

Monitor developments in intellectual property law as it relates to changes in instructional and communications technology in order to propose to the appropriate advisory and governing bodies' revisions to UNCA's policies on the use of copyrighted materials and the ownership of intellectual property.

Carry out duties previously ascribed to the UNCA Patent Committee in section 9.4, 6(b) of the UNCA Faculty Handbook.

Provide advice to UNCA personnel concerning interpretation of UNCA intellectual property policies and procedures.

Membership:
The Faculty Welfare and Development Committee shall nominate faculty members to the Faculty Senate for staggered three-year terms. Terms are renewable. The Committee shall be constituted as follows:

UNCA faculty:

o Humanities (1)

o Sciences (1)

o Social Sciences (1)

Ex officio:

o Dean of Faculty

o Director, Computer Center

o Director, Special Academic Programs

o Director, University Printing

o Director, University Publications

o University Librarian

Ex Officio and appointed positions shall each have one vote on the overall committee.

Reports to: VCAA

Faculty Handbook Impact:
Approval of this document should be reflected in the Faculty Handbook as follows:

Substitution:
In section 9.4 substitute "Intellectual Property Committee" for ALL occurrences of "Patent Committee."

In section 9.4 substitute "Vice Chancellor for Academic Affairs" for ALL occurrences of "Vice Chancellor for Finance."

Delete:
Delete paragraph 9.4.6.b.

Add:
In place of former paragraph 9.4.6.b, add the following text:

The Intellectual Property Committee (IPC) reports to the VCAA and shall have such responsibilities as the Chancellor may specify concerning copyrights and patents, including but not limited to the following duties:

o Propose to the appropriate advisory and governing bodies revisions to UNCA's policies on the use of copyrighted materials (e.g., classroom distribution of photocopies, web site content, online service provider exemptions under the Digital Millennium Copyright Act) and the ownership of intellectual property.

o Recommend to the VCAA a continuing program to educate UNCA faculty, staff, and students about the use of intellectual property.

o When new guidelines become available from the UNC system, propose to the appropriate advisory and governing bodies' revisions to UNCA's policies on the use of copyrighted materials and the ownership of intellectual property to ensure UNCA compliance with system parameters.

o Monitor developments in intellectual property law as it relates to changes in instructional and communications technology in order to propose to the appropriate advisory and governing bodies' revisions to UNCA's policies on the use of copyrighted materials and the ownership of intellectual property.

o Carry out duties previously ascribed to the UNCA Patent Committee in section 9.4 of the UNCA Faculty Handbook.

o Provide advice to UNCA personnel concerning interpretation of UNCA intellectual property policies and procedures.

Membership:
The Faculty Welfare and Development Committee shall nominate faculty members to the Faculty Senate for staggered three-year terms. Terms are renewable. The Committee shall be constituted as follows:

o UNCA faculty:
Humanities (1)
Sciences (1)
Social Sciences (1)

o Ex officio:
Dean of Faculty
Director, Computer Center
Director, Special Academic Programs
Director, University Printing
Director, University Publications
University Librarian

Ex Officio and appointed positions shall each have one vote on the overall committee.