Student Rights in Intellectual Property

A student is: "an individual who was or is enrolled in class or program at any MnSCU college or university at the time the intellectual property was created." (Board Policy 3.26, Part 3, Subpart Q).

Minnesota State Colleges and Universities recognize the creation of original works by students and the necessity of protecting their intellectual property rights in such works. Board Policy 3.26 specifically acknowledges that students own intellectual property rights in certain scholarly works, encoded works, and personal works, and identifies several instances where a student's basic ownership rights may be modified by agreement or other factors.

Please use the menu below to view the ownership modifications that may occur.

"Encoded works are owned by the student who created the work, except as otherwise provided in the policy."

Encoded works are "creations that are software and other technologies for the electronic capture, storage, retrieval, transformation, display, or transmission of information." (Board Policy 3.26, Part 4, Subpart A.3) Examples of encoded works include:

  • computer programs
  • multi-media and/or CD-ROM presentations
  • web pages

"Intellectual property rights in encoded works belong to the …student who created the work, unless an agreement, sponsorship agreement, or other condition provides otherwise." (Board Policy 3.26, Part 4, Subpart A.3)

"Personal works are owned by the creator of the work."

Personal works are works "created by a(n)… student outside his or her scope of employment and without the use of college or university resources other than resources that are available to the public or resources for which the creator has paid the requisite fee to utilize." (Board Policy 3.26, Part 4, Subpart A.4)

"Intellectual property rights in personal works belong to the creator of the work." (Board Policy 3.26, Part 4, Subpart A.4)

The key here for those students employed by MnSCU or its institutions, is that the works must unquestionably be created outside the scope of employment if they are to be considered "personal works." For example, the teaching assistant in the music department who writes an article for "Rolling Stone" magazine outside of work hours; the computer lab student employee who helps her church's pre-school instructor prepare a powerpoint presentation for parents; and the student food service worker who writes recipes for a cookbook for college students living on a shoe string have all created personal works. All of the created works take advantage of the talents of the creators, and possibly even the creators' experience as student employees to some degree, but they are still personal works created outside the scope of employment.

"Student ownership rights in intellectual property may be modified by agreement or other factors."

Policy 3.26 also contains several provisions that may modify ownership rights of students in intellectual property. (Board Policy 3.26, Part 4, Subpart B) For the most part, the modification of ownership rights occurs when the parties involved enter into an agreement before the intellectual property is even developed. These agreements are helpful because they define roles and responsibilities (such as who will provide funding, who will perform the work, whose facilities will be used, deadlines for the completion of work, etc.) as well as details relating to who ultimately will own and control the work. The parties may agree to share ownership, or one party may agree to own the work, but grant the others the right to freely use the work in certain described circumstances. The variations on these agreements are endless. They provide a mechanism to consider and meet everyone's needs and to define ownership interests from the start, thus avoiding later disputes.

Sponsorship Agreements

A sponsorship agreement is a written agreement between a sponsor (person, organization, or governmental entity other than MnSCU) and a college, university, and and/or the Office of the Chancellor and may include other parties, including the creator of the work. (Board Policy 3.26, Part 3, Subpart P). A sponsor is a person, organization, or governmental entity, other than MnSCU, that provides funding, equipment, or other support in order that a specified project may be carried out. (Board Policy 3.26, Part 3, Subpart ) Sponsorship agreements routinely take the form of college or university contracts with corporations to conduct research on behalf of the corporation at the college's or university's research facilities. They may also include agreements between the college or university and companies regarding internship and special project assignments for students.

Ownership of intellectual property rights in a work created under a sponsorship agreement is determined by the terms of the agreement. If the sponsorship agreement does not address on the issue of ownership of intellectual property rights, ownership is determined by applicable law. (Board Policy 3.26, Part 4, Subpart B.1)

Collaborations/Partnerships

MnSCU and or its colleges/universities may participate in projects with persons/organizations to meet identified student, citizen, community and industry needs. Ownership rights pursuant to any collaboration or partnership shall be addressed pursuant to this policy. (Board Policy 3.26, Part 4, Subpart B.2) As with sponsorship agreements, the use of a formal collaboration/partnership agreement delineating each party's rights and responsibilities is strongly encouraged.

Equity Distributions

In any instance in which MnSCU and/or its colleges or universities execute an agreement with an individual, corporation or other entity for economic gain using intellectual property owned by the colleges or university, the colleges or university is entitled to receive an equity distribution. The proceeds of the equity distribution shall be shared among the creators of the work as determined by this policy. (Board Policy 3.26, Part 4, Subpart B.3)

Special Commissions

Intellectual property rights to a work specially ordered or commissioned by the college or university from a faculty member, professional staff, or other employee (including student employee) and identified by the college or university as a specially commissioned work at the time the work was commissioned, shall belong to the college or university. The college or university, and the employee shall enter into a written agreement for creation of the specially commissioned work. (Board Policy 3.26, Part 4, Subpart B.4)

Use of Substantial College or University Resources

In the event a college or university provides substantial resources to a faculty member or professional staff member for creation of a work and the work was not an institutional work created under a sponsorship agreement, individual agreement, or special commission agreement, the college, or university, and the creator shall own the intellectual property rights jointly in proportion to the respective contributions made. Substantial circumstances exist when resources provided are beyond the normal support services extended to individuals for development of work products. (Board Policy 3.26, Part 4, Subpart B.5)

The following questions may help you make a determination about when and whether your use of college or university resources will be considered "substantial" (or when it will at least raise a question as to whether the college or university is entitled to joint ownership in the created work):

  1. Will I use college or university resources beyond normal services available to other students? Will I pay for the use of these resources?
  2. Will I receive compensation from the college or university in the form of a monetary payment, grant, credit, or some other benefit for my development/creation of the intellectual property?
  3. Will the college or university provide support such as money, staff, facilities, computer resources, etc., that is beyond normal services available to other students and critical to the development/creation of the intellectual property?

If the answer to any of the above is "yes", a potential "substantial use" situation could arise. You should take steps to clarify ownership issues with the college or university before work begins so there is no confusion in the future about your ownership and use of the intellectual property created.

Certain Encoded Works

In the event a college or university hires a professional staff person (including teaching assistants) to develop software or other encoded works, the encoded works created by such person shall be considered institutional works for which the college or university maintains ownership of the intellectual property rights. (Board Policy 3.26, Part 4, Subpart B.6)

Other Modifications

Jointly Created Work

Ownership of jointly created works shall be determined by separately assessing which of the above categories applies to each creator, respectively. Whenever two or more creators work together, questions regarding joint ownership arise. For example, if a student assisted a faculty member with a project, was the student compensated for his or her efforts (a "work for hire" arrangement) or was it more of a collaborative effort (which would arguably make the student a joint author)? If the student association board members create an online "toolbox" for incoming college freshmen to be posted on the college website, may the individual board members use the portions they created in other projects or venues? May the college market and license the use of the toolbox to other colleges? Whenever possible, creators working jointly should discuss and decide these issues up front and formalize them in a written agreement.

System College, or University Name

Intellectual property rights arising from MnSCU's identity, the identities of its colleges and universities, logo, and other indices of identity belong to the respective entity. Such rights may be licensed pursuant to reasonable terms and conditions approved by the Chancellor, presidents or their designees, respectively. (Board Policy 3.26, Part 4 Subpart C.4)