BECKER COLLEGE

Dealing with the Ownership of Intellectual Property forStudent-Designed Games

Paul D. Cotnoir, Ph.D.Director of Design Programs,

Becker College

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The Challenge• Talent level of game design students is steadily

increasing;• Increasing democratization of professional game

development tools;• Easier than ever to self-publish games;• Proliferation of studio design courses, internships,

co-ops, etc. in game design curricula.

How can we protect the IP rights of both students and our institutions in this

environment?

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Overview of Discussion

• What is the Motivation/Mission behind an IP policy• Specific considerations:

Time limits Derivative works Tests of ownership Waivers and other “outs” Special cases – Games with Impact, NPOs, Govt. Contracts Other considerations

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Motivation / Mission“The goal of this Policy is to foster creativity and to help

ensure that Intellectual Property produced at Becker College will be exploited for the benefit of student

creators, Becker College, and the public. This Policy governs Intellectual Property produced at Becker

College by Becker College students.”

• Other valid motivations?• Drive to exploit• An aid to project management & scope of work• Compared to industry standard agreements• How to communicate to students• Motivate students to participate in studio course work

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Time Limits & Derivative Works• Time Limits aren’t always explicitly stated• Policy in place indefinitely?• Time limit based on context• How to deal with derivative works?

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Tests of Ownership

Students Own Their Work:

Intellectual Property Developed by a student in direct fulfillment of course requirements, such as class papers, theses, and other academic works, shall be owned by the student……

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Tests of Ownership

Students Don’t Own Their Work, If:

1) It’s sponsored research, or is subject some other 3rd party agreement,

2) Significant institutional resources were used in development, or

3) The institution paid for the work (ie. workstudy).4) The work includes materials, trademarks, service

marks, etc. that the institution (or a third party) already owns.

5) The work is considered to be course syllabi, course notes, textbooks, and other instructional material developed for the intuition.

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Tests of Ownership

“Significant Use of College Resources”

(e) “Significant Use of Becker College Resources” means more than incidental use of Becker College resources, including without limitation such use of Becker College space, funds, equipment, facilities, services, laboratories, computing devices, software or personnel, but excepting Internet access, data and storage facilities and incidental use of residence halls, classroom space, and library facilities

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Waivers and other “Outs”“Flexibility”

• Internships - Intellectual Property Developed by students for third parties as part of an internship or experiential learning program are not subject to this Policy.

• Special Aggrements - to encourage creativity, the instituion may reserve the right to apply its Policy in a flexible manner on a case by case basis by special agreement.* Royalty-free licenses * Ownership exchanged for incubation,

protection, negotiation

BECKER COLLEGESpecial Cases

IP arising from federally funded research projects

• Must be reported to the funding agency per the Bayh-Doyle Act Act (the Patent and Trademark Law Amendments Act).

• The Act permits the grantee to retain ownership of the IP, while also giving the government the license to use.

• The grantee is expected to file for some kind of protection and is also expected to ensure commercialization upon licensing for the benefit of public health.

• Read the regulations at Bayh-Dole Act (37 CFR 401).

BECKER COLLEGESpecial Cases

IP arising from work with NPOs

• May be funded or unfunded• May have limited potential for commercialization –

but big potential for public relations• Typically falls under “special agreements”• Better to discuss and have policy in place before

hand Helps to scope project Helps to maintain reasonable expectations

(especially for non-gamers)

BECKER COLLEGEOther Considerations

• Agreement to Take Action to Perfect Ownership• Administration of Policy• Disclosure and Commercialization Determination• Transfer of Ownership• Revenue Distribution• Conflict Resolution• Confidential Information• How to communicate to students