[IPCmte-L] FW: IP Disclosure/IP Committee Questions

[Barbara Gray]

All,

I am forwarding Larry Hilgert's response to the committee's questions about
his disclosure and the attachment he referenced.  You will see the
committee's questions to him below his response.  

I believe the Chair will entertain a motion on determination of rights and
disposition of this disclosure.  When you reply to this message, everyone
sees your message so, if the motion is seconded, you can all reply to cast
your vote.    

Once this matter is handled, I'll add this action to the meeting minutes and
will distribute them for your approval.  

Thanks!
Barbara




Ms. Barbara H. Gray
Director of Grants & Contracts
Valdosta State University
1500 North Patterson Street
Valdosta, GA  31698-0429

Telephone:  229-333-7837
Fax:  229-245-3853
Email:  bhgray at valdosta.edu


-----Original Message-----
From: Larry D. Hilgert [mailto:lhilgert at valdosta.edu] 
Sent: Wednesday, August 22, 2007 7:11 AM
To: Barbara Gray; Susan B. Johnson; S. Andrew Ostapski; Robert Bauer
Subject: Re: IP Disclosure/IP Committee Questions

Dear Barbara,

The workbook was developed entirely through individual effort with no 
use of university resources (#4 below). All parties have signed the 
contract which was recently modified so that faculty from the Psychology 
and Counseling Department.will surrender all royalties from workbook 
sales to introductory psychology students at Valdosta State University. 
VSU students will realize a $2.00 reduction in the purchase price. At 
this point, I am not privy to Thomson's anticipated marketing 
strategies. I will provide you a copy of the contract modification 
(related to royalties) later today.

Thanks.
Larry Hilgert


Barbara Gray wrote:
>
> Hi, Larry,
>
> The IP Committee met on Friday and reviewed your "Introductory 
> Psychology - The Puzzle Book: A Teaching Exercise" disclosure. The 
> purpose of the IP committee's review is to determine what rights the 
> university has in intellectual property and authored works. The 
> committee didn't feel they had enough information in the disclosure to 
> make this determination and asked me to follow-up with you.
>
> The first question that came up was about the status of the contract 
> with Thompson. The copy I have is signed only by you, Andrew, and 
> Susan. Has Thompson also executed the agreement, or were you waiting 
> on the IP committee's feedback before sending it back to Thompson for 
> signature? The reason I asked is because there is some concern that, 
> if the IP committee determines that the university has some rights, 
> then the contract may be unenforceable because faculty do not have the 
> authority to assign the university's rights to a publisher.
>
> The committee also couldn't determine how broadly Thompson plans to 
> distribute the book. If this is one of those situations where they are 
> publishing the book only to be sold to VSU students, then royalties 
> would likely be nominal. However, if Thompson's intent is broad 
> distribution for use in other universities, then royalties could 
> become significant. The answer to this question can impact any 
> recommendation the committee might make regarding exercising of its 
> rights.
>

>
> The IP Committee needs to determine under which category development 
> of the book falls. It would be extremely helpful if you could look 
> over those categories, indicate which one you think is applicable, and 
> provide a short justification for your choice. The categories are:
>
> 1. Sponsor Supported Efforts (i.e., work completed under a grant or 
> contract from an external agency or organization).
>
> 2. University-Assigned Efforts . Unfortunately, neither the Board of 
> Regents nor VSU have clearly defined "university-assigned effort" in 
> written policy. However, I believe our IP committee would interpret 
> this to be your specific assignments/duties specified in your faculty 
> contract.
>
> 3. University-Assisted Individual Effort . IP developed with 
> significant use of University, including, but not limited to, use of 
> [internal] research funding [such as Faculty Research Grant funds or 
> departmental research funds], use of University paid time within the 
> employment period, use of support staff, use of telecommunications 
> services, and the use of facilities other than office or library 
> resources.
>
> 4. Individual Effort . IP developed with no significant use of 
> University resources beyond what is customary for research and 
> instructional purposes.
>
> Can you give me some feedback on the three questions? I will then 
> follow up with the committee by email so we can resolve this quickly.
>
> Thanks.
>
> Barbara
>
> Ms. Barbara H. Gray
>
> Director of Grants & Contracts
>
> Valdosta State University
>
> 1500 North Patterson Street
>
> Valdosta, GA 31698-0429
>
> Telephone: 229-333-7837
>
> Fax: 229-245-3853
>
> Email: bhgray at valdosta.edu
>
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