The purpose of this Intellectual Property Policy is to outline the College's position on the creation and development of works within the College system, and the ownership of intellectual property rights in those works. Specific relationships will be clearly identified in any detailed agreements and supplementary documents that are developed within this policy framework.
One of the primary goals of the College is to encourage, promote and foster innovation and discovery, in all fields of endeavour in which the College is engaged, by its employees, associates and students. In situations where it is the College's position that it is the owner of the intellectual property rights in a work that is worthy of commercial exploitation, the College will promote a revenue sharing relationship with the creator or creators of that work.
Copyright means the right to copy. In Canada, all original creative works are protected by copyright. Only the copyright owner has the right to decide when and how the work is copied. Under Canada's Copyright Act, the person who owns the copyright is most often the creator of the work. If the work is created in the course of employment, the employer holds the copyright. Copyright protection is automatic upon the creation of a work, and applies whether or not a copyright statement appears on the material. In general copyright expires 50 years after the death of the author.
For the purposes of this policy, copyright means, in relation to a work, the sole right to produce or reproduce the work or any substantial part of the work in any material form, including without limitation, in electronic form and to communicate electronic copies of the work.
(ii) Intellectual Property
For the purposes of this policy, intellectual property includes all of the interests and rights to all Canadian and foreign registered, pending and common law, trade names and trade marks; all Canadian and foreign issued patents and pending applications therefore; all Canadian and foreign copyrights, whether or not registered; rights of publicity; franchises and all technology rights and licences, including computer software and all proprietary know-how, trade secrets, inventions, discoveries, developments, research and formulae, whether or not patentable; and all other proprietary information or property relating to works created at or in conjunction or in partnership with the College, and any improvements, updates, enhancements or modifications related to any of the foregoing.
(iii) Licensing Agreements
Licensing Agreements relate to written agreements between the College and third parties, in which the College grants the third parties the right to use materials proprietary to the College (or proprietary to others, and in which the College has licensing rights) upon terms and conditions set out in the written agreements.
(iv) Moral Rights
Whether or not the College owns the intellectual property rights of a work, and in particular the copyright therein (pursuant to the Copyright Act,1985), it will take steps to respect the moral rights of the authors or creators of the work. Specifically, it is understood that the author or creator has the right to request, where reasonable in the circumstances, to be given recognition of the work by name or by pseudonym; to remain anonymous; or to choose not to be associated with any modification of the work that is perceived to be prejudicial to his/her honour or reputation.
The author or creator's moral right to the integrity of the work is infringed only if the work is distorted, modified or mutilated, or used in association with a product service, cause or institution, to the prejudice of the author or creator's honour or reputation.
Moral rights may be waived in whole or in part, but they cannot be transferred to others.
(v) Product Licences
Product licences relate to licensing agreements between suppliers of proprietary products and materials, and the College, in which the College is granted the right to use those proprietary products and materials upon the terms and conditions set out in the product licences.
“In compliance with the College Intellectual Property policy, the College shall be the sole owner of the intellectual property in any work described in this document and created by the applicant. If the work is exploited and generates revenue, the applicant and the College shall share the net profit on revenue generated as follows: (insert agreed-upon formula)”.
Any agreement between the College and a person who is not an employee of the College, to develop or create a work, shall be in writing and be executed by the parties. The agreement shall provide that the College shall be the owner of the intellectual property in any work developed or created by the person. This policy may be adapted by written contract between the parties.
Where the College enters into an agreement with a person or persons, that provides for or contemplates the development of a work in which intellectual property subsists, the parties will ensure that a written agreement sets out their respective rights in the intellectual property in the work, and any terms relating to the sharing of risk and revenue from the exploitation of the work.
Students shall be the owners of the intellectual property rights in works they create, except in the following situations:
Permission to make audio or video recordings of academic related activities for educational purposes should be sought from the appropriate professor(s) and students as a matter of courtesy before making such recordings, and permission shall not be unreasonably withheld. Such recordings shall only be used for defined educational purpose(s) pursuant to the Freedom of Information and the Protection of Privacy Act, or where required to accommodate persons pursuant to the Ontario Human Rights Code. If the College wishes to use such recordings for any other purpose, it will obtain written consent from all persons who are seen or heard in the recording.
The College shall own the content of the intellectual property recorded on audio or video tapes/discs developed or created in classroom activities by College employees, except material obtained for approved research projects that are part of a program of academic studies.
The College acknowledges and respects the performing rights of all performers and participants in classroom activities, and agrees to obtain their consent to the recording of their performances and activities. The College will use such audio and video recordings solely for educational purposes.
A person wishing to gather research materials other than those specified in section 9, must first obtain the prior approval of the College. Where the person has obtained the College's approval, that person shall be the owner of any intellectual property rights in the research materials. Otherwise, the College shall be the owner of the intellectual property rights.
Where the College is the owner of copyright in any works created pursuant to this policy, or otherwise, it shall place the following copyright notice in a conspicuous place in the works:
© [year of publication] Seneca College of Applied Arts and Technology
Notwithstanding the above, consistent with the provisions of the Copyright Act (1985), the College shall remain the owner of the copyright in all works created in the course of employment with the College pursuant to this policy, or otherwise, whether or not the work is marked with the copyright notice as described above.
The adoption and inclusion of employee-owned works in College course materials will be made only with the prior approval of the appropriate College administrator in accordance with the College Conflict of Interest Policy.
Where the College owns intellectual property rights in a work which it wishes to commercialize, it may consult with the creator(s) on the best means for commercialization.
The author or creator of a work in which the College owns the intellectual property rights may, with the College's prior approval, pursue opportunities to exploit the work, and negotiate with third parties on behalf of the College. The College shall always be a party to any agreement resulting there from. The agreement may provide that the author or creator of the exploited work is entitled to share in the revenues contemplated under the agreement, upon the terms set out therein.
The Office of Research & Innovation is established to assist staff to deal effectively and efficiently with intellectual property issues and to ensure that there is consistency in the manner in which such issues are approached, and decisions resulting there from are made. To maximize the benefits to the College from the creation of works in which intellectual property rights may subsist, the Office of Research & Innovation will also serve as a resource centre for intellectual property precedents, including license agreements, technology development agreements, and revenue sharing agreements. The College shall ensure that a copy of any agreements to which it is a party shall be deposited with the Office of Research & Innovation.
The College has the right to be recognized or acknowledged in, or in association with, any work created in the course of employment/studies, by a Seneca employee, student, or person with whom the College is otherwise dealing, or to be disassociated from the work, and for work not created in the course of employment/studies as mutually agreed upon.
Maintained by: Office of Research & Innovation