Intellectual Property (IP)
Intellectual Property (IP) for Queen’s Faculty
What is IP?
IP Ownership
IP at Queen’s
• Written material, inventions, artistic creations, etc.
• For university faculty: lecture notes, books, articles, etc.
• Different forms of IP have different legal rights and restrictions associated with them.
• IP is owned by its creator by default, who is free to use, sell, or license their work as they wish.
• IP owners may allow use of their work through royalty-bearing licensing agreements, or they may grant free license for public domain use (e.g., open-source software).
• Co-ownership may exist for collaborative projects. For faculty this could be through co-teaching a course or joint authorship of works.
• IP rights are not automatically enforced, but some companies monitor infringements (e.g., video streaming companies).
• For faculty at Queen’s, IP resides with the creator – the faculty member, even if it’s created through employment activities.
• QUFA Member IP is subject to the Collective Agreement, particularly Article 16 which notes: “All Intellectual Property is owned by the Member who creates it subject to (a) any other written agreement in advance […]” or arrangements made between the Member and the University.
• QUFA’s most recent negotiations with Queen’s saw the Employer suggest alternative language that would allow them to obtain an unlimited, non-transferable, royalty-free license to Members’ IP. QUFA insured this language was not implemented and Members retained ownership of their IP.
• Collective Agreement language at other universities differs.