5.4.3 Ownership of Intellectual Property

GTRC owns all intellectual property rights resulting from the activities of GIT employees in the course of their GIT duties or through the use of GIT resources and of GIT students as outlined in Section 5.4.1, except in the circumstances described below: 

1. Sponsor-supported Efforts. Ownership of intellectual property rights is governed by the grant or contract terms agreed upon between the sponsor and GTRC and/or GTARC. 

2. Scholarly and Creative Works. Unless Section 5.4.3.A applies, Creators own copyrights to their scholarly and creative works, such as instructional materials, textbooks and associated supplementary material, books, journal articles, and associated Computer Software. GIT and GTRC retain a fully paid up, universe-wide, perpetual, non-exclusive, royalty-free license to use, re-use, distribute, reproduce, display, and make derivative works of all scholarly and creative works for the educational, research, and administrative purposes of GIT and/or GTRC. 

3. Individual Activities. Creators own all intellectual property rights arising from their individual activities, if (a) these activities are outside Creators’ GIT duties or assignments; and (b) there is no use, except in a purely incidental way of GIT resources in the creation of such intellectual property; or such resources are available without charge to the public. External consulting is considered an individual activity that is outside the Creator’s GIT duties or assignments.   

4. Special Cases. Ownership rights to intellectual property developed under any circumstances other than those listed in Section 5.4.3. 1-3 of this policy shall be determined on an individual basis and approved by the General Manager of GTRC (or their designee) or any other designated representative approved by the President of GIT. 

All GIT employees, including faculty, staff, affiliates, adjuncts, and students, as a condition of employment with GIT, shall execute the IP Agreement, assigning all rights, title, and interest, to the extent prescribed in this policy, in any intellectual property to GTRC.  

GTRC may waive its right to assert intellectual property claim under certain situations upon written request from Creator(s). 

GIT students own all intellectual property rights resulting from their academic and individual activities unless required to execute an IP Agreement as described in Section 5.4.1 of this policy. For Copyrighted Material and Computer Software that are (a) created by a student in furtherance of or in connection with the student’s studies or activities at GIT during their matriculation at GIT and (b) that are not subject to a sponsored project or other agreement giving third-party rights, the student hereby grants to GTRC and GIT a fully paid up, universe-wide, perpetual, non-exclusive, royalty-free license to use, re-use, distribute, reproduce, display, and make derivative works of all students-created Copyrighted Material and Computer Software for the educational, research, and administrative purposes of GIT and/or GTRC.