Common use of Presumption of Ownership Clause in Contracts

Presumption of Ownership. It shall be presumed that all rights in any intellectual property created, made, or originated by a faculty member who is an employee covered by this Agreement, shall be the sole and exclusive property of such faculty member in perpetuity, or so long as the state or federal laws applicable thereto allow, except as that faculty member may choose individually to transfer, assign, or contract away such property right in full or in part, and further except as the employer may expect a faculty member to create syllabi, assignments, and tests for students limited to classes taught in the faculty member’s department or program, in which case the College shall have the right to expect the faculty member to use such materials in his or her aforesaid classroom, and the College shall not be expected to pay royalties for said materials, but may not transfer ownership or sell the use of said to others than the creator, provided further, that if such contractual arrangements are made between the faculty member and the College, the AAUP also be a party, thereto; otherwise there shall be no restrictions upon the faculty member except as otherwise explicitly set forth herein. Creatorship of intellectual property shall be presumed in the claiming faculty member, as against the College. Intellectual property created by the faculty member in the fulfillment of the employee’s normal duties and responsibilities under this collective bargaining Agreement is presumed to belong to the faculty member for proprietary or marketing purposes outside the College, but is available to the College for internal review and for review by external agencies regulating the College. The College is the presumed owner of intellectual property only when the College enters into an agreement with the faculty member to specifically create such specified intellectual property in exchange for compensation and the agreement specifically outlines the development obligations and the College’s exclusive ownership. The College and the employee are joint owners of intellectual property when they enter into a specific agreement to create such intellectual property, and this agreement defines the development obligations and ownership share of each party.

Appears in 20 contracts

Samples: Agreement, Agreement, Agreement

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Presumption of Ownership. It shall be presumed that all rights in any intellectual property created, made, or originated by a faculty member who is an employee covered by this Agreement, shall be the sole and exclusive property of such faculty member in perpetuity, or so long as the state or federal laws applicable thereto allow, except as that faculty member may choose individually to transfer, assign, or contract away such property right in full or in part, and further except as the employer may expect a faculty member to create syllabi, assignments, and tests for students limited to classes taught in the faculty member’s department or program, in which case the College shall have the right to expect the faculty member to use such materials in his or her aforesaid classroom, and the College shall not be expected to pay royalties for said materials, but may not transfer ownership or sell the use of said to others than the creator, provided further, that if such contractual arrangements are made between the faculty member and the College, the AAUP also be a party, thereto; otherwise there shall be no restrictions upon the faculty member except as otherwise explicitly set forth herein. Creatorship of intellectual property shall be presumed in the claiming faculty member, as against the College. Intellectual property created by the faculty member in the fulfillment of the employee’s normal duties and responsibilities under this collective bargaining Agreement is presumed to belong to the faculty member for proprietary or marketing purposes outside the College, but is available to the College for internal review and for review by external agencies regulating the College. The College is the presumed owner of intellectual property only when the College enters into an agreement with the faculty member to specifically create such specified intellectual property in exchange for compensation and the agreement specifically outlines the development obligations and the College’s exclusive ownership. The College and the employee are joint owners of intellectual property when they enter into a specific agreement to create such intellectual property, and this agreement defines the development obligations and ownership share of each party.

Appears in 4 contracts

Samples: Agreement, Agreement, Agreement

Presumption of Ownership. It shall be presumed that all rights in any intellectual property created, made, or originated by a faculty member who is an employee covered by this Agreement, shall be the sole and exclusive property of such faculty member in perpetuity, or so long as the state or federal laws applicable thereto allow, except as that faculty member may choose individually to transfer, assign, or contract away such property right in full or in part, and further except as the employer may expect a faculty member to create syllabi, assignments, and tests for students limited to classes taught in the faculty member’s department or program, in which case the College shall have the right to expect the faculty member to use such materials in his or her their aforesaid classroom, and the College shall not be expected to pay royalties for said materials, but may not transfer ownership or sell the use of said to others than the creator, provided further, that if such contractual arrangements are made between the faculty member and the College, the AAUP also be a party, thereto; otherwise there shall be no restrictions upon the faculty member except as otherwise explicitly set forth herein. Creatorship of intellectual property shall be presumed in the claiming faculty member, as against the College. Intellectual property created by the faculty member in the fulfillment of the employee’s normal duties and responsibilities under this collective bargaining Agreement is presumed to belong to the faculty member for proprietary or marketing purposes outside the College, but is available to the College for internal review and for review by external agencies regulating the College. The College is the presumed owner of intellectual property only when the College enters into an agreement with the faculty member to specifically create such specified intellectual property in exchange for compensation and the agreement specifically outlines the development obligations and the College’s exclusive ownership. The College and the employee are joint owners of intellectual property when they enter into a specific agreement to create such intellectual property, and this agreement defines the development obligations and ownership share of each party.

Appears in 2 contracts

Samples: Agreement, dam.assets.ohio.gov

Presumption of Ownership. It shall be presumed that all rights in any intellectual property created, made, or originated by a faculty member who is an employee covered by this Agreement, shall be the sole and exclusive property of such faculty member in perpetuity, or so long as the state or federal laws applicable thereto allow, except as that faculty member may choose individually to transfertrans- fer, assign, or contract away such property right in full or in part, and further except as the employer may expect a faculty member to create syllabi, assignments, and tests for students limited to classes taught in the faculty member’s department or program, in which case the College shall have the right to expect the faculty member mem- ber to use such materials in his or her aforesaid classroomclass- room, and the College shall not be expected to pay royalties xxx- alties for said materials, but may not transfer ownership or sell the use of said to others than the creator, provided provid- ed further, that if such contractual arrangements are made between the faculty member and the College, the AAUP also be a party, thereto; otherwise there shall be no restrictions upon the faculty member except as otherwise oth- erwise explicitly set forth herein. Creatorship of intellectual intel- lectual property shall be presumed in the claiming faculty fac- ulty member, as against the College. Intellectual property prop- erty created by the faculty member in the fulfillment of the employee’s normal duties and responsibilities under this collective bargaining Agreement is presumed to belong to the faculty member for proprietary or marketing mar- keting purposes outside the College, but is available to the College for internal review and for review by external exter- nal agencies regulating the College. The College is the presumed owner of intellectual property prop- erty only when the College enters into an agreement with the faculty member to specifically create such specified intellectual property in exchange for compensation compen- sation and the agreement specifically outlines the development devel- opment obligations and the College’s exclusive ownershipowner- ship. The College and the employee are joint owners of intellectual intel- lectual property when they enter into a specific agreement agree- ment to create such intellectual property, and this agreement agree- ment defines the development obligations and ownership owner- ship share of each party.

Appears in 1 contract

Samples: Cincinnati State

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Presumption of Ownership. It shall be presumed that all rights in any intellectual property created, made, or originated by a faculty member who is an employee covered by this Agreement, shall be the sole and exclusive property of such faculty member in perpetuity, or so long as the state or federal laws applicable thereto allow, except as that faculty member may choose individually to transfertrans- fer, assign, or contract away such property right in full or in part, and further except as the employer may expect a faculty member to create syllabi, assignments, and tests for students limited to classes taught in the faculty member’s department or program, in which case the College shall have the right to expect the faculty member mem- ber to use such materials in his or her aforesaid classroomclass- room, and the College shall not be expected to pay royalties xxx- xxxxxx for said materials, but may not transfer ownership or sell the use of said to others than the creator, provided provid- ed further, that if such contractual arrangements are made between the faculty member and the College, the AAUP also be a party, thereto; otherwise there shall be no restrictions upon the faculty member except as otherwise oth- erwise explicitly set forth herein. Creatorship of intellectual intel- lectual property shall be presumed in the claiming faculty fac- ulty member, as against the College. Intellectual property prop- erty created by the faculty member in the fulfillment of the employee’s normal duties and responsibilities under this collective bargaining Agreement is presumed to belong to the faculty member for proprietary or marketing mar- keting purposes outside the College, but is available to the College for internal review and for review by external exter- nal agencies regulating the College. The College is the presumed owner of intellectual property prop- erty only when the College enters into an agreement with the faculty member to specifically create such specified intellectual property in exchange for compensation compen- sation and the agreement specifically outlines the development devel- opment obligations and the College’s exclusive ownershipowner- ship. The College and the employee are joint owners of intellectual intel- lectual property when they enter into a specific agreement agree- ment to create such intellectual property, and this agreement agree- ment defines the development obligations and ownership owner- ship share of each party.

Appears in 1 contract

Samples: Cincinnati State

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