Legal Question in Intellectual Property in New York

Re: Educational Intellectual Property

Generally, your contract with the school will control such a situation. This, however, may be amendable... I have worked with clients in situations where their contract wholly limited them, but we were still able to negotiate quite a bit of wiggle room.

WHat you should have with you is a copy of your contract, and then set up a meeting with an attorney to discuss your contract and any limitations it may include, then the potentiality for circumventing those limitations...

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Re: Educational Intellectual Property

Your answer lies in contract. Have your intellectual property attorney (yes, you need one) take a good, hard look at the employment contract you have with your institution to see what controls on IP are in place.

Be aware that colleges and universities have noticed that IP provides a signiicant stream of revenue, so they tend to glom onto professors' (and even students') IP and don't let go easily. Your Zip code indicates that you might be at Cornell, which is one of the big IP keepers.

Good luck with it.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: Educational Intellectual Property

There's no simple answer. You need to look at (1) your contract and (2) the faculty handbook for your college, if there is one.

Re: Educational Intellectual Property

Nr. Burston is correct that your contract will control. The key phrase to consider is whether you have agreed that any publication or research will be considered a "work for hire," i.e., the University would own it.

But the discussion can be more complicated, and the rights are subject to negotiation. Your faculty council or equivalent has undoubtedly wrestled with this issue, and, whether or not you get information from the council, you may wish to consult with an attorney.