web viewprior park schools (pps) comprises four schools. three of those schools, prior park college,...

INTELLECTUAL PROPERTY RIGHTS POLICY

Whole Trust? Yes Statutory? No Website? NoReviewed: September

2016Next review: September

2020

Prior Park Educational Trust, Charity No: 281242, Co. No: 01521832, Registered Office: Prior Park College, Ralph Allen Drive, Combe Down, Bath BA2 5AH

Prior Park Schools (PPS) comprises four schools. Three of those schools, Prior Park College, The Paragon and Prior Park Preparatory School are incorporated in England as Prior Park Educational Trust Ltd. The fourth Prior Park School Gibraltar is incorporated in Gibraltar as Prior Park School Ltd. Both are companies limited by guarantee and registered charities.

Annexes

A Intellectual Property.B Copyright licences held by the School

1. INTRODUCTION

1.1 The aims of this policy are:

a. To warn School staff about infringing the Intellectual Property Rights (IPR) of other individuals and organisations and thus leaving the School legally exposed, and,

b. To explain to staff, employed by the School, the School's (i.e. employers') ownership of Intellectual Property (IP) of material that staff may create in the course of their employment with the School, and the protection of these rights.

1.2 The various categories of IP include copyrights, designs, trademarks, patents, databases and know-how are described in Annex A to this policy together with reasons for and methods of protecting the School's IP.

1.3 It is not the purpose of this policy to stifle the creativity and initiative of teachers and other staff. Indeed it is expected that Prior Park schools should be at the forward edge of school curriculum development, teaching methodology, materials and techniques and administrative arrangements. This know-how and material are accordingly significant School assets, which need to be safeguarded and exploited to the benefit of the School. However, it is recognised that exceptional creativity should bring rewards to the creator.

2. INFRINGING THE IPs OF OTHER ORGANISATIONS

2.1 It is essential that the Schools do not infringe IP rights belonging to others.

2.2 The Schools pay a licence fee to several agencies. A list and description of the licenses held by the Schools is at Annex B. These cover the limited copying and recording of educational printed material, Ordnance Survey maps and newspaper articles and recording cable, radio and television programmes for educational purposes. The Schools display explanatory notices by photocopy machines. However, care should be taken when


downloading copyright material from websites, and copying from books of tables, correspondence courses, and publications not covered by agencies to which the Schools subscribe. If material is to be used for public performance or to be incorporated in teaching or other materials to be marketed, it is probable that permission will have to be obtained from the creator and a fee or royalties may be payable. If in any doubt staff must contact the Prior Park Schools Business and Finance Director: incorporation of even extracts of such material can amount to copyright infringement.

2.3 If you are in doubt as to whether a project such as a play or choral work, or reproduction of teaching material infringes the IP/copyright of others, please consult the bursar or Directors of Studies or Music, as appropriate.

3. IP CREATED BY THE SCHOOL'S EMPLOYEES

3.1 General. The Schools have statutory prima facie ownership of all IP rights in any material created by its staff. However, the Schools will not claim ownership of IP rights in any material, created by a member of staff, which in the School's opinion is wholly unconnected with his/her employment and teaching the School's pupils.

The legal rules on ownership of IP rights in material created by employees are as follows:

Copyright/Designs. The employer is the owner of copyright/designs if the work is made during the course of employment.

Database rights. The employer owns the database outright, provided the employer made the substantial investment in compiling the database.

Patents. The employer owns inventions its employees make in the course of their duties.

3.2 Creator's rewards. If material is truly marketable and of significant financial benefit to the Schools (i.e. could contribute directly or indirectly to additional income for the Schools), the Schools will pay the employee a fair royalty at the School's absolute discretion. If a member of staff creates material which the Schools considers to be outstanding and that has involved a level of industry and creativity over and above the levels expected of its staff, the Schools may in its absolute discretion make payment in recognition of the employee's achievement.

3.3 Action on creating potentially marketable IP. If any member of staff creates material that is potentially marketable he/she shall inform the Head and the Prior Park Schools Business and Finance Director. Sufficient information (including the names of any collaborators) must be provided to ensure an adequate assessment of the likelihood of


successful marketing to achieve either a financial or reputational (PR) return. The School's decision as to whether to market will be final. If the Schools do not wish to market the material, but the member of staff concerned does, the Schools will formally surrender their interest to the member of staff on mutually acceptable terms. Any member of staff wishing to publish or disclose an invention or design must first obtain written permission from the Head or the Prior Park Schools Business and Finance Director or their written agreement that invention or design was wholly unconnected with the creator's employment with the Schools. (Note: it is in the member of staff's interests to do so).

3.4 Marketing. The marketing of materials created by staff will normally be undertaken by the Schools in conjunction with the member of staff concerned, drawing on outside expertise as required.

3.4.1 The Schools will:

Examine the project, assess its potential market and identify the most suitable route for marketing.

Consult with the relevant member of staff and others within the Schools as appropriate; and

Facilitate any contractual arrangements necessary with third parties.

3.4.2 From time to time, the Schools will review all IP in which the Schools have an interest. If the Schools consider that the marketing of any material protected by IP rights has ceased to be capable of brining sufficient financial or PR return, the Schools may cease to market and allow any registered protection to lapse. If the employee concerned nevertheless wishes to market or renew the registered protection at their own expense, the Schools will formally surrender their interest on mutually acceptable terms.

3.5 Trademarks. Staff are strongly encouraged to promote the use of the School's trade mark and to report infringement of the trade mark by other organisations to the Head or Bursar. The Schools have the following registered trademarks:

The School crest. The motto DEO DUCE DEO LUCE. The Names:Prior Park College

Prior Park Preparatory SchoolPrior Park Educational TrustPrior Park Enterprises


The Title: Prior Park College, Bath.

4. CREATION OF IP INVOLVING OUTSIDE PEOPLE OR ORGANISATIONS.

4.1 The terms of any agreements made between the School and outside organisations must include specific provisions relating to the ownership and protection of IP rights including the patenting of inventions. As a general rule, the School will retain all IP rights.

4.2 The School retains copyright in all work it has commissioned.

5. INFRINGEMENT OF THE PRIOR PARK IP

5.1 Staff are asked to be vigilant and notify the Head or Prior Park Schools Business and Finance Director if they discover any third party using the School's IP and they suspect that this is without the School's consent.

5.2 There may be occasions when it is the School's policy deliberately to publicise work created by School staff. Examples would be handouts on IAPS or SATIPS courses and symposia sponsored by the School, or making material available to view on the School's websites. In which case the work must be shown as Prior Park IP and be endorsed as described in Annex A.

6. SUMMARY

6.1 It is to the advantage of the Schools, their pupils and staff, to identify, manage and exploit its IP effectively; it is a major asset of Prior Park Schools.

6.2 To assist in this process or consider whether potentially marketable IP arises from their work and if so to notify the Head and the Prior Park Schools Business and Finance Director in accordance with para 3 above.


ANNEX A

INTELLECTUAL PROPERTY

1. What is Intellectual Property (IP)?

1.1 Intellectual Property is the term used to describe the creative product of the human mind. It encompasses copyright, trademarks, database rights, patents, designs, confidential information and know-how.

1.2 Teaching materials such as lesson plans, software programs, audio tapes and CDs, plays, books, dictionaries, anthologies and music created by Prior Park School employees are copyright works that are owned by the Schools.

1.3 IP rights give the proprietor the exclusive right to use and exploit the material created. They allow the proprietor to control what is done with the material. The proprietor can grant licences to third parties to use the material in return for a fee and/or royalty and can sell the rights in the material.

2. Examples of IP Rights.

2.1 Copyright. Copyright arises automatically on creation of an original (i.e. not copied) literary, dramatic, musical or artistic work. The artistic merit of the work is irrelevant, so protected works include practical materials such as teaching aids, lesson plans, reports, written presentations, diagrams, photographs, software programs, audio tapes and CDs, as well as books, musical compilations, plays, films and artwork.

The proprietor has the right to prevent substantial copying. "Substantial" means substantial in quality, not quantity. Therefore if the essence of the material is copies, albeit not a large portion of the material, this is sufficient to establish copyright infringement.


It is important to be able to prove the date of creation of copyright material to be able to demonstrate that it is original. Therefore the date of creation should appear on all materials and if possible, independent evidence of that date should be obtained.

All materials created for the purpose of teaching pupils of the Schools, whether intended to be widely published or not are copyright materials.

If Prior Park Schools materials are distributed (e.g. for IAPS courses or on the Prior Park website for instance) please mark the material "Prior Park College © 2005". (Note: the © symbol in WORD can be found using Insert then Symbol on the tool bar).

2.2 Trade Marks. Trade marks can be registered or unregistered and protect brand identity. They can take the form of words, logos, three dimensional shapes, sounds, gestures and smells.

Registered trademarks must be capable of being represented graphically and must not conflict with earlier marks or be descriptive.

Example: Prior Park Crest.

A trade mark should be registered to gain best protection, but unregistered trademarks may be protected, provided the proprietor can show that it has reputation and goodwill in the trademark.

Example: Lynam's ™

Use the ™ symbol (in WORD use insert then symbol) with unregistered mark to warn off potential infringers.

2.3 Patents. Patents protect new, industrially applicable products and processes that amount to inventions. Computer software can only be patented if it produces an entirely new technical effect. Patents have to be registered.

It is important not to reveal details of any invention to anyone who is not a permanent member of staff at the Prior Park Schools. Whilst a natural instinct may be to publish information about inventions, if details of the invention are made public before applying for a patent, the right to patent will be lost and it is highly unlikely that the Prior Park Schools or the member of staff will benefit from it.


Example: Incremental teaching method using a computer (Patent Number GB2363240).

To warn off potential infringers, the patent registration number should appear on all products covered by the patent: "UK Registered Patent Number 1111".

2.4 Database Right. Database right protects the contents of a database in which substantial investment (in labour, time or any other resource) has been made. The database can be in electronic or written format and can contain creative works. For example an anthology of poems may be protected, provided substantial investment went into creating the anthology. A dictionary may also be protected as a database of words.

Use a database rights notice like this "Database Right Prior Park College 2005" and make sure you change the date of the notice each time you substantially update the database, because this extends the period of protection.

2.5 Designs. Design rights can be registered or unregistered and protect the appearance of articles.

Registered designs must be new and have individual character. An example is a computer icon. Unregistered design right protects the shape or configuration of industrial designs. An example is the internal workings of an engine.

2.6 Confidential Information and Know-how. Know-how can be an extremely valuable asset. Know-how developed by members of staff for the purpose of teaching pupils is to be treated as confidential information.

All employees are under a contractual duty not to disclose any confidential information belonging to the School or information relating to the School's affairs or dealings which comes to their knowledge during the course of their employment.

3. Why Protect IP?

3.1 It is to the benefit of the Schools, its staff and its pupils that IP is protected.

3.2 The Schools fund the development of facilities from operating surpluses. Appropriate marketing of IP materials can boost the School's operating


surpluses and thus accelerate developments that keep the School at the forefront of education.

3.3 Effective management of IP can help raise our reputation further by good publicity gained from successful knowledge transfer.

3.4 Successful knowledge transfer is likely to influence the financial benefits employees receive for their work and this will strengthen staff recruitment and retention.


ANNEX BCOPYRIGHT LICENCES HELD BY THE SCHOOL

The Schools pay annual subscriptions to various organisations to permit us to use copyright material in the course of teaching. The license is only valid if the subscriptions have been paid. The Directors of Studies and Music will normally decide whether subscriptions should be initiated or stopped. If in doubt, consult the Bursary or the Directors to confirm which licenses are current.

Copyright Licensing Agency Licence. (Administered by IAPS) this allows the Schools to photocopy up to 30 pages or 55 (whichever is greater) of a book, magazine, periodical, etc or a short story or poem not exceeding 10 pages. Only sufficient copies for the class(es) and teacher using the material should be made.

Educational Recording Agency Licence. This permits recording radio, TV and Cable programmes for educational purposes.

Performing Rights Society Licences. As a general rule, if work originating outside the school is to be performed in public, whether entry is charged or not, a work-specific licence will have to be obtained stating the number of public performances. The public means anyone except staff and pupils of the Schools. This applies to both plays and music.

If the Schools make a recording (CD, tape etc) for sale, containing material not created by a member of the School, permission, possibly on payment of royalties, has to be sought from either the creator, his/her agent, or the Performing Rights Society.


web viewprior park schools (pps) comprises four schools. three of those schools, prior park college,...

Documents