From dhollim at valdosta.edu Tue Sep 4 18:15:11 2007 From: dhollim at valdosta.edu (Diane C Holliman) Date: Tue, 04 Sep 2007 18:15:11 -0400 (EDT) Subject: [IPCmte-L] FW: IP Disclosure/IP Committee Questions Message-ID: <353522.1188944111526.JavaMail.dhollim@valdosta.edu> Hello Barbara and all, Is Dr. Hilgert suggesting that this project fits into category #4? 4. Individual Effort . IP developed with no significant use of > University resources beyond what is customary for research and > instructional purposes. I know for me when I am writing or developing something for students or from course or curriculum feedback, it is very difficult to do so without using any university resources. Would it be fair to ask him to specify what resources he did use to develop this workbook if he did not use university resources? Does this make sense? It was so helpful when Dr. Manning presented his work for the IP committee and so patiently answered our questions. Thank you, I feel that I need some additional clarification on this one. Diane Holliman Barbara Gray wrote: >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 >> > ------------------------------------------------------------------------ Name: Hilgert Thompson Cotnract.pdf Type: application/pdf Encoding: base64 ------------------------------------------------------------------------ _______________________________________________ >IPCmte-L mailing list >IPCmte-L at lighthouse.valdosta.edu >http://lighthouse.valdosta.edu/mailman/listinfo/ipcmte-l > From hbarnett at valdosta.edu Tue Sep 4 21:30:54 2007 From: hbarnett at valdosta.edu (Hollis R Barnett) Date: Tue, 04 Sep 2007 21:30:54 -0400 (EDT) Subject: [IPCmte-L] FW: IP Disclosure/IP Committee Questions Message-ID: <642487.1188955854303.JavaMail.cpadmin@tull> I agree with Diane. I would like more clarification. An individual effort is easy to clam but harder than this to prove. In the past, when an individual claimed that his or her work was an individual effort, we requested conformation that this effort was not assigned or supported by the University from their immediate supervisor. We could make the same request in this case. In the future, it would be helpful if we require all individuals claiming an individual effort designation to include a letter of support for this position from their supervisor. Their supervisor should have the best perspective from which to determine if this effort was a part of their job and the degree to which they did or did not receive support. This would streamline the process and better protect the University's interests. Thank you, Hollis Barnett Diane C Holliman wrote: >Hello Barbara and all, Is Dr. Hilgert suggesting that this project >fits into category #4? > >4. Individual Effort . IP developed with no significant use of >> University resources beyond what is customary for research and >> instructional purposes. > >I know for me when I am writing or developing something for students or >from course or curriculum feedback, it is very difficult to do so >without using any university resources. Would it be fair to ask him >to specify what resources he did use to develop this workbook if he did >not use university resources? Does this make sense? It was so helpful >when Dr. Manning presented his work for the IP committee and so >patiently answered our questions. Thank you, I feel that I need some >additional clarification on this one. Diane Holliman > >Barbara Gray wrote: > > >>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 >>> >> > > >------------------------------------------------------------------------ > > > Name: Hilgert Thompson Cotnract.pdf > Type: application/pdf > Encoding: base64 > > >------------------------------------------------------------------------ > > >_______________________________________________ >>IPCmte-L mailing list >>IPCmte-L at lighthouse.valdosta.edu >>http://lighthouse.valdosta.edu/mailman/listinfo/ipcmte-l >> >_______________________________________________ >IPCmte-L mailing list >IPCmte-L at lighthouse.valdosta.edu >http://lighthouse.valdosta.edu/mailman/listinfo/ipcmte-l >