RATIONALE/OBJECTIVE:

The Cobb County Board of Education recognizes that all Cobb County School District employees and students are responsible for observing all provisions of copyright and other intellectual property laws of the United States and related court decisions. Neither the Cobb County Board of Education nor Cobb County School District shall assume responsibility for actions of Cobb County School District employees or students in violation of the above-mentioned laws.

RULE:

Copyright

Under copyright law, any material prepared by an employee within the scope of his or her employment is called a "work made for hire." For Cobb County School District employees, this means that any material an employee creates within the scope of employment at Cobb County School District are "works made for hire" and belong to the district, unless the employee agrees otherwise in a signed writing.

Patent

Under patent law, any patent that issues to any employee on a process, method or invention created by an employee within the scope of his or her employment belongs to the employer under the "work made for hire" principle. In the event an employee was not hired to invent, but uses the employer's facilities and/or tools on an invention and receives a patent, then there exists an implied non-exclusive, royalty-free license called a "shop right." For Cobb County School District employees, this means that any patent you receive during the course of your employment at the Cobb County School District, may either belong to the District or allow the District to be granted a "shop right."

Legal Reference: 17 U.S. Code 101 et. seq.; 15 U.S. Code 1051 et. seq.: O.C.G.A. 10-1-440 et. seq.

Adopted: 8/12/81 Revised: 4/28/83; 8/8/84; 7/28/94; 1/24/02

Reclassified an Administrative Rule: 9/1/04
Reviewed: 8/28/02