Policy 7060 – Intellectual Property and Royalties

The Board does not inhibit employees, outside of their work duty day and apart from their employment with the HCPSS, using their own resources, to research, author, or produce materials and/or other forms of intellectual property. The Board also recognizes the right of employees to own business interests in companies which produce such intellectual property.

Employees who produce materials and/or other forms of intellectual property outside of their work duty day, apart from their employment, using their own resources, have the right to exercise total proprietary rights, including royalty rights, regarding the intellectual property, subject to the provisions of the Board of Educations’ Policy 2070 Ethics and the HCPSS Ethics Regulations.

The Board retains the rights to all materials and/or other forms of intellectual property produced by HCPSS employees during their work duty day, as part of their employment, or with the use of HCPSS resources. In this situation, the Board reserves the right to copyright or patent the intellectual property in its name and to otherwise exercise proprietary rights, including royalty rights. Employees will not be compensated for the materials and/or other forms of intellectual property produced by HCPSS employees during their work duty day, or as part of their employment, or with the use of HCPSS resources without the written agreement established in Standard E.

Prior to the development of new materials and/or other forms of intellectual property related to their employment, employees must meet with the Superintendent/designee to obtain permission to create the material and/or other forms of intellectual property and to gain an understanding of any ethical considerations. The meeting should occur regardless of whether the materials and/or other forms of intellectual property will be developed outside or during the work duty day or will use some or no HCPSS resources.

Employees who receive approval for the development of materials and/or other forms of intellectual property that does involve full or partial use of HCSS resources and/or partial use of the work duty day will seek to have the respective rights of ownership between the employee and the Board addressed in a written agreement. If there is no such agreement, the rights of ownership shall belong to the Board.

Materials and/or other forms of intellectual property authored or produced by employees may be purchased by the HCPSS if they are approved for purchase according to standard evaluation and selection procedures for those items in accordance with Policy 2070 Ethics and HCPSS Ethic Regulations, Policy 4050 Procurement of Goods and/or Services, and Policy 8040 Selection of Instructional Materials.

An employee may not participate in the evaluation or procurement of materials and/or other forms of intellectual property wholly or partially produced by the employee and/or immediate family member.

An employee who receives royalties or compensation on the sale of materials and/or other forms of intellectual property to the HCPSS, must donate royalties and/or net pro rata profits to an approved charity if

Any employee who chooses not to comply with the foregoing requirements may request of the Superintendent/designee that his or her materials and/or other forms of intellectual property not be purchased by the HCPSS. Such requests will be honored.

An employee may not use HCPSS Board property, student work (without prior documented written permission obtained from parents), or personnel, in preparing materials for private use or for use unrelated to the school system.

Any employee found in violation of this policy will be subject to employee discipline as outlined in Policy 7030 Employee Conduct and Discipline.

The Superintendent/designee will provide a report on employees royalties to the Board annually.

Employees will obtain prior permission from the Superintendent/designee to develop materials and/or other forms of intellectual property related to their employment.

Employees who receive approval for the development of materials and/or other forms of intellectual property that does involve full or partial use of HCPSS resources and/or partial use of the work duty day will seek to have the respective rights of ownership between the employee and the Board addressed in a written agreement.

Approved Charity - Any charity recognized as legitimate for federal tax purposes by the U.S. Internal Revenue Service.

Employee - An individual whose compensation is paid in whole or part by the Board and/or an individual who is a student teacher, an intern, or an independent contractor for the school system.

Immediate Family Member - The spouse, domestic partner, brother, sister, parent, step-parent, child, stepchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandmother, grandfather, grandchild, adopted child of an employee or of the spouse of an employee, or anyone who lives in an employee’s household.

Intellectual Property - Creations of the mind, including but not limited to materials, social media and website content, inventions, processes (a way of doing or making things), and other creative works and ideas embodied in a form that can be shared or can enable others to recreate, emulate, or manufacture them. Intellectual property can be protected by patents, trademarks, copyrights or trade secrets.

Materials - Resources used which may include the following:

Payment of Account (pro rata) - An HCPSS employee’s share of net profits on sales of materials and/or other forms of intellectual property to the HCPSS by a company in which the employee has a 3% or more ownership interest.

Proprietary - Relating or pertaining to ownership.

Royalty - A percentage payment on gross sales or fixed amount per sale to an author or producer by a company or producer of materials and/or other forms of intellectual property.