<aside> 🚧 This policy is still in draft form. We expect to finalize it by May 2022 without making substantive revisions to its meaning.
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The aim of this Powderhouse Intellectual Property Policy (”the Policy”) is to promote the creative growth and success of its community (including staff, fellows, and students) by ensuring maximal ownership of creative work by those creating it while maintaining flexible access for Powderhouse to those works for the pursuit of its mission.
Unless otherwise agreed upon—and subject to all applicable federal and state regulations—this policy and its implementing procedures apply to all faculty, staff, students, and organizational partners of Powderhouse.
In the case of public employees being financially compensated for their work with Powderhouse, the terms of their contract must either specifically incorporate this policy by reference or otherwise assign Intellectual Property rights in such a way as to avoid any Conflict of Interest under MGL Part IV, Title I, Chapter 268A.
For the purposes of this Policy, the following definitions apply:
"Creator" is defined as the individual or entity who authors, invents, discovers, or otherwise creates intellectual property.
"Tools and materials” is defined as any and all tools or materials prepared for educational or operational use at Powderhouse in furtherance of its mission. These tools and materials may be fixed or unfixed, in any form, including, but not limited to, digital, print, audio, visual, or any combination thereof. For the purposes of illustration, tools and materials may include, but are not limited to, lectures, lecture notes, syllabi, websites, schematics, study guides, bibliographies, visual aids, images, diagrams, multimedia presentation, hardware, and software.
"Powderhouse" is defined to include Powderhouse Studios, Limited, as well as any instrumentality of Powderhouse.
“Employee” is an individual in an employer-employee relationship with Powderhouse wherein the scope of employment furthers Powderhouse’s mission. This may include a full-time or part-time positions, including staff, youth employees, appointed personnel, persons with “no salary” appointments, volunteers, contractors, persons on a supplemental contract, and certificated staff, unless there is an agreement providing otherwise.
“Intellectual property” is defined as any works, products, processes, tangible research property, copyrightable subject matter, works of art, trade secrets, know how, inventions and other creations the ownership which are recognized and protected from unauthorized exploitation by law. Examples of intellectual property include scholarly, artistic, educational, and operational tools and materials.
“Student” is defined as any individual who is participating in educational programming primarily designed or administered by Powderhouse or its designees (including but not limited to Powderhouse employees)
“Work” is defined as any “original work of authorship fixed in a tangible medium” as used in the federal Copyright Act.
In perpetuity, Powderhouse shall retain license-free and unrestricted access to all Intellectual Property created by Powderhouse employees unless otherwise agreed upon in writing. Powderhouse employment contracts and grant agreements resulting in the creation of intellectual property must include provisions ensuring that this access will include the effective ability to review and reuse tools or materials, especially after the employee is no longer affiliated with Powderhouse.
In perpetuity, Powderhouse shall retain license-free and unrestricted access to all Intellectual Property created by Powderhouse students during the time they are enrolled at Powderhouse, provided: