Intellectual Property Policy

To outline Seneca’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. 

This policy applies to all works made, created or developed by Seneca employees, associates and/or students, in which intellectual property rights may subsist. 

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 purpose 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.

For the purpose 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 licenses, 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 Seneca, and any improvements, updates, enhancements or modifications relation to any of the foregoing.

Licensing Agreements relate to written agreements between Seneca and third parties, in which Seneca grants the third parties the right to use materials proprietary to Seneca (or proprietary to others, and in which Seneca has licensing rights) upon terms and conditions set out in the written agreements.

Whether or not Seneca 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 rights 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.

Product licenses relate to licensing agreements between suppliers of proprietary products and materials, and Seneca, in which Seneca is granted the right to use those proprietary products and materials upon the terms and conditions set out in the product licenses.

1. In the absence of any written agreement to the contrary between Seneca and an employee, Seneca shall be the owner of all intellectual property rights in a work created by the employee in the course of employment with Seneca.
2. In determining whether a work has been created by an employee in the course of employment, Seneca may have regard to the following factors (which are not exhaustive):
   • whether the employee created the work on Seneca premises, or using Seneca resources and property to do so
   • whether Seneca has remunerated or compensated the employee for the work.
3. Where Seneca owns the intellectual property rights in a work, either by agreement with its author or creator, or pursuant to paragraphs 3(a) and 3(b), the creator or author, as the case may be, shall have a non-exclusive right to use the work, provided the creator or author exploits the work only in the course of employment with Seneca where the creator or author is an employee, and only in the course of contractual relationship with Seneca, where the creator or author is an associate of Seneca and not an employee.
4. Where an employee creates a work outside the course of employment with Seneca, without using Seneca’s resources in doing so, the employee shall be the owner of the intellectual property rights in the work.
5. Where an employee creates a work during the leave year of a prepaid leave program, without using Seneca’s resources in doing so, the work shall belong to the employee unless otherwise agreed by the parties.
6. Where an employee wishes to use Seneca resources to create a work outside the course of employment, the employee shall first be required to inform Seneca of the creation of the work, so that a mutually satisfactory written agreement covering, among other things, ownership, use and revenue sharing, can be negotiated before the work is developed. In the absence of such a written agreement, Seneca shall own the intellectual property rights in the work created.
7. Every application by an employee for a professional development shall contain a full description of the proposed professional development activity. It is Seneca’s intention to encourage employees to create works of innovation and discovery. Accordingly, the application for professional development leave shall also contain a statement, signed by the employee and their supervisor, which sets out how any net profit from revenue generated by the commercial exploitation of such professional development activity, shall be shared between Seneca and the employee.
   
   Where a professional development leave is approved, Seneca shall own the intellectual property rights in any work created and for which work the leave was granted.
   
   Any application or request for a professional development leave shall be accompanied with, or contain a statement in the following form:
   
   “In compliance with Seneca’s Intellectual Property policy, Seneca 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 Seneca shall share the net profit on revenue generated as follows: (insert agreed-upon formula)”.

1. Any agreement between Seneca and a person who is not an employee of Seneca to develop or create a work, shall be in writing and be executed by the parties. The agreement shall provide that Seneca 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.

1. Where Seneca 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.

1. Product licenses
   Where Seneca 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.
2. Licensing agreements
   Where Seneca enters into a license agreement with a third party to permit that third party to use materials or property developed or acquired by Seneca, the license agreement shall be in a form approved by the Dean, Seneca Innovation and a copy shall be deposited with Seneca Innovation.

1. Students shall be the owners of the intellectual property rights in works they create except in the following situations:
   • where Seneca pays the students for the work they create, in which case Seneca shall own the intellectual property rights therein;
   • where the students use Seneca’s resources and facilities to create the works, outside of their course requirements, in which case the students shall be required to obtain Seneca’s consent to the use of its resources and facilities. It shall be a condition to the giving of such consent, that Seneca and the students enter into an agreement for the creation of the works, which agreement shall provide for, among other things, the ownership of any intellectual property rights in the works to be created, the exploitation of the works by the students and Seneca, and the sharing of any revenue by the students and Seneca from such exploitation.

1. 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 per the Recording Lectures and Educational Activities Policy before making such recordings, and permission shall not be unreasonably withheld. Such recordings shall only be used for authorized purpose(s) pursuant to the Freedom of Information and the Protection of Privacy Act, and in accordance with the Recording Lectures and Educational Activities Policy.
2. Seneca shall own the content of the intellectual property recorded on audio or video tapes/discs developed or created in classroom activities by Seneca employees, except material obtained for approved research projects that are part of the program of academic studies.

1. Where Seneca 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
2. Notwithstanding the above, consistent with the provisions of the Copyright Act, 1985, Seneca shall remain the owner of the copyright in all works created in the course of employment with Seneca pursuant to this policy, or otherwise, whether or not the work is marked with the copyright notice as described above.

1. The adoption and inclusion of employee-owned works in Seneca course materials will be made only with the prior approval of the appropriate Seneca administrator in accordance with Seneca’s Conflict of Interest Policy.

1. Where Seneca 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.
2. The author or creator of a work in which Seneca owns the intellectual property rights may, with Seneca's prior approval, pursue opportunities to exploit the work, and negotiate with third parties on behalf of Seneca. Seneca 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.

1. Seneca 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 Seneca from the creation of works in which intellectual property rights may subsist, Seneca Innovation will also serve as a resource centre for intellectual property precedents, including license agreements, technology development agreements, and revenue sharing agreements. Seneca shall ensure that a copy of any agreements to which it is a party shall be deposited with Seneca Innovation.

1. Seneca 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 Seneca 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.

• None.

• Recording Lectures and Educational Activities Policy

• Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31

Approval Date: February 2018

Last Revision:  October 2020