Fri, 31 Mar 2023
Intellectual Property Policy
This policy provides certainty about ownership of intellectual property created at Metavision Institute by staff and students, and sets out the policy to ensure it is appropriately and ethically identified and managed, and that the legal rights of Metavision Institute, staff and students are protected.
This policy applies to all members of Metavision Institute community and the basic principle of how Metavision Institute applies this policy are set out below.
Intellectual Property laws in Australia are largely enshrined in legislation and international conventions which set out the laws relating to moral rights and economic rights. These include:
- A Copyright Work as defined in the Copyright Act 1968,
- A design as defined in the Designs Act 1906,
- A trademark as defined in the Trade Marks Act 1995, all other rights with respect to Intellectual Property as defined in Article 2 of the July 1967 Convention Establishing the World Intellectual Property Organisation,
- includes related rights and confidential information and know-how in relation to the aboverights, or as otherwise determined by Metavision Institute,
- All other rights with respect to Intellectual Property as defined in Article 2 of the July 1967 Convention Establishing the World Intellectual Property Organisation, and
- Related rights and confidential information and know-how in relation to the above rights, or as otherwise determined by Metavision Institute.
The definition of Intellectual Property may be amended from time to time, consistent with Commonwealth legislation and international conventions.
Computer Works include, without limitation:
- Computer software in any form and on any medium;
- Multi-media works in any form which are accessible wholly or partly by means of a computer;
- Web pages and web sites;
- Copyright Works created with the intention of being accessed primarily by computer.
Course Materials mean:
- Any Copyright Work whether in electronic, written or any other form of media created by a staff member or contractor specifically for use in, or in connection with a course or unit offered or to be offered by Metavision Institute.
- Any materials commissioned by Metavision Institute specifically for use in, or in connection with, a course or unit offered or to be offered by the Institute.
Originator means any party who authors, creates, develops or makes, whether or not in conjunction with another person, any Intellectual Property.
Scholarly Works means works such as scholarly books, articles, musical and dramatic works, but does not include works which are Course Materials or Computer Works.
Relevant TEQSA Threshold Standards
This policy aligns with requirements of Sections 2.4 Grievances and Complaints, 5.2 Academic and Research Integrity, 6.2.1 Corporate Monitoring and Accountability, and 6.3 Academic Governance in the Higher Education Standards Framework 2015.
Metavision Institute values the originality, intellectual enquiry, creativity and innovation of its staff, contractors and students. Metavision Institute asserts its legal right to ownership of the intellectual property residing in its short courses and higher education courses. Intellectual property (“IP”) represents the property of the mind or intellect. Intellectual property rights (“IPR”) are rights that the owner and/or the creator have over how their IP is used. There are two distinct types of IPR of particular importance to Metavision Institute, in relation to authors or ‘originators’ of works, these are moral rights and economic or ownership rights.
2. Moral rights
Moral rights are protected in the Copyright Act 1968 (Cwth). Moral rights are personal legal rights that cannot be assigned, and include:
- The right of attribution of authorship / performership,
- The right not to have authorship / performership of a work falsely attributed, and
- The right of integrity of authorship of a work.
Moral rights and ownership rights are separate and distinct. Moral rights always belong to the creator even if the creator does not exercise other intellectual property rights (IPR) in relation to that work. Moral rights cannot be assigned to a third party. All IPR can be assigned or transferred with the exception of moral rights.
Metavision Institute recognises that staff who are authors or creators of a work will maintain moral rights whether a work was created during their employment or not.
3. Economic Ownership of IP: Academic teaching staff
Economic rights or ownership rights vest in Metavision Institute under academic staff contracts of employment. Academic staff members may as part of their employment conditions be required to enter a deed poll to assign any IP back to Metavision Institute. The terms of any deed poll may provide for remuneration to academic staff, to be negotiated on an individual basis with each affected staff member and such maximum remuneration shall be 30% of any revenue earned by Metavision Institute from exploitation of the relevant IP.
4. Ownership of IP: General and Professional staff
Metavision Institute has no claim has no over any IP rights created by a non-academic employee that is:
- Not directly related to the terms and conditions of their employment,
- Not in the nature of their employment, and
- Not assigned through express arrangement.
5. Ownership of IP: Metavision Institute’s students
Metavision Institute’s students, who are not employed at Metavision Institute, own all of their copyright of IP in works, except in situations where:
- The copyright material is the result of research, a thesis, or a publication that is a joint creation between staff and students,
- Where the research is funded by virtue of a Metavision Institute internal grant, an externally funded grant, or where the students’ work utilises IP already owned by Metavision Institute, and
- There is an express written agreement between Metavision Institute and the relevant student/s.
6. Ownership of all IP created by staff members and contractors in the course of their duties shall vest in the Metavision Institute, except for Intellectual Property in the following:
- Artistic works,
- Indigenous works,
- Scholarly works, and
- Any other work where a staff member or contractor has entered into a written agreement with Metavision Institute which provides otherwise.
7. The provisions of this policy are included as part of the contractual terms and conditions of employment of all staff, including sessionally employed academic staff, and contractors.
8. Metavision Institute acknowledges its obligation and responsibility to ensure all staff are aware of their rights and obligations relating to Intellectual Property, moral rights and the application of this policy.
9. Metavision Institute recognises the moral rights of staff members and contractors who are the authors of creative and scholarly works, as such rights are defined under the Copyright Act.
10. Metavision Institute seeks to preserve the moral rights of staff and contractors. On occasion, third parties negotiating agreements with Metavision Institute may seek the consent of staff members and/or contractors to licence their moral rights. In such circumstances, the staff member may freely grant or withhold such consent.
11. Staff members are encouraged to seek independent legal advice before entering into written agreements that affect their ownership of IP.
12. Students at the Metavision Institute own the IP that they create, subject to any written agreement to the contrary.
13. Students in some circumstances may be asked to assign their interest in the IP that they create to the Metavision Institute or a host organisation providing work integrated learning activities as part of formal course requirements, and also third party grants or sponsorships. This assignment may be a condition of student participation in projects that:
- Are funded by or involve industry collaborators,
- Have commercialisation objectives,
- Have pre-existing IP owned by Metavision Institute or the host organisation, and/or
- Result in IP created jointly with Metavision Institute or a host organisation.
15. Students are encouraged to seek independent legal advice before entering into written agreements that affect their ownership of IP.
16. The resolution of disagreements and disputes related to this policy will be dealt with in accordance with Metavision Institute’s complaints handling policies and processes for staff and students.
Line Managers are responsible for ensuring that employment contracts with staff and contracts with contractors align with this policy.