Kimberly McKay

EDLD 5306 Concepts of Educational Technology

12/12/2010

Technology Report ± Intellectual Property & Copyright

Intellectual property is defined as property that results from original creative thought, as patents, copyright material, and trademarks (Stroder, 2006). WhileSouth Texas College¶s Board Policy 3830 recognizes intellectual property as an ³important asset to the educational community and to a broad range of intellectual endeavors´ it does not specifically define how intellectual property applies to innovative processes developed in the Division of Student Affairs and Enrollment Management to facilitate student success. Achieving the Dream challenged our division to review and evaluate practice and processes to determine if they were barriers to student success. Did the practice or policy by nature make it difficult to navigate the enrollment process? As a result, the division changed practices and processes, including the elimination of late registration, in order to facilitate success. In addition, innovative strategies including First Time in College Student Case Management and Beacon Mentoring were implemented. The change in practice and implementation of innovative programming may be considered intellectual property and applicable copyrights, patents and/or trademarks should be considered. The Patent Act protects any ³new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof´ (Stroder, 2006). Although the Division of Student Affairs and Enrollment Management does not invent products, we do develop processes and initiatives. We have developed a cadre of best practices that are replicable and may be profitable. Furthermore, as we embark on a division web redesign, we should consider protecting our ³ownership´ of the copyright. Copyright law provides protection for original works of authorship and applies to written

Kimberly McKay

EDLD 5306 Concepts of Educational Technology

12/12/2010

information, pictures and graphics, as well as to the overall design or "look and feel" of the website (Lane, 2010). As we explore the division¶s intellectual property and applicable trademarks, patents or copyrights, it is important to understand the difference. Literary, dramatic, musical and artistic works are protected by copyright. Trademarks provide protection for distinctive names, phrases, symbols, or signs that are used to identify and distinguish the source of a particular product (Taylor, 2010). Patents are applicable to the technical processes we have developed to facilitate student success by eliminating barriers in our practices and procedures. While the names of our innovations may be trademarked, or processes will need to be patented.In addition, web redesign may be eligible for copyright. Unfortunately, because Beacon Mentoring and Case Management have been introduced, replicated and published in research journals, they may not be eligible for patent: The Patent Act will not grant a patent if the invention has been described in a publication or has been in public use for more than a year. In the future, we will need to be diligent in determining what may be eligible for patent, copyright or trademark, and deliberate about applying board policy and seeking appropriate counsel. References Lane, A (2010) Don't Forget Copyright Protection for Your Web Site. Retrieved December 12, 2010, fromhttp://www.alllaw.com/articles/intellectual_property/article12.asp. South Texas College Manual of Policy.Retrieved December 9, 2010, from http://admin.southtexascollege.edu/president/policies/pdf/3000/3830.pdf.

Kimberly McKay

EDLD 5306 Concepts of Educational Technology

12/12/2010

Stroder, R.S. (2006). What Every School Should Know About Intellectual Property. Education Digest, 71(6), 35-41. Taylor, S (2010) Patent Basics.Retrieved December 12, 2010 from http://www.alllaw.com/articles/intellectual_property/article9.asp.

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