Ownership Scenarios

What Do I Own?
Policy Ownership Scenarios

The following are Ownership Scenarios contained in the Brigham Young University- Idaho Intellectual Property Policy may be used as guides in implementing the policy as applied to intellectual property​. 


Disposition: The University owns the intellectual property in all teaching and learning materials created or developed at or for the University as a Work for Hire, unless otherwise agreed by the University in a specific instance. Academic deans and departments may elect to compensate faculty developers through reduced faculty load, supplemental compensation, or a combination thereof. These developers shall not receive any additional compensation (e.g., royalty distributions). In accordance with academic custom, the University will acknowledge the authors of these works unless the authors request otherwise. The University grants the author of these materials a fee-free irrevocable non-exclusive license to use that intellectual property for teaching or research at another university or educational institution, but not for any commercial use by the author outside another university or educational institution without written authorization of BYU-Idaho.

Disposition: The faculty member owns the copyright for the paintings. The creator may grant the University a non-exclusive, royalty-free, perpetual license to use the Intellectual Property for internal instructional, educational and administrative purposes. (If it had been a paid leave, the University would request a nonexclusive license to use the IP.)

Disposition: The default position in this category is University ownership of the intellectual property in the works created. This would be considered a collaborative work. The University can exercise ownership under this clause when it has contributed services or facilities to the production of the work that go beyond what is traditionally provided to employees generally in the course of employment or as an assigned institutional duty. However, with appropriate administrative approvals, the University may transfer the intellectual property rights to the creator in a written agreement. Even though the rights will transfer, the University will retain the non-exclusive grant/license to use the work.

Disposition: The University owns the intellectual property in all teaching and learning materials created or developed at or for the University as a Work for Hire, unless otherwise agreed by the University in a specific instance. Academic deans and departments may elect to compensate faculty developers through reduced faculty load, supplemental compensation, or a combination thereof. These developers shall not receive any additional compensation (e.g., royalty distributions). In accordance with academic custom, the University will acknowledge the authors of these works unless the authors request otherwise. The University grants the author of these materials a fee-free irrevocable non-exclusive license to use that intellectual property for teaching or research at another university or educational institution, but not for any commercial use by the author outside another university or educational institution without written authorization of BYU-Idaho.