In the event a college or university provides substantial resources to a faculty member or professional staff member for creation of a work and the work was not an institutional work created under a sponsorship agreement, individual agreement, or special commission agreement, the college, or university, and the creator shall own the intellectual property rights jointly in proportion to the respective contributions made. Substantial circumstances exist when resources provided are beyond the normal support services extended to individuals for development of work products. (Board Policy 3.26, Part 4, Subpart B.5)

The following questions may help you make a determination about when and whether your use of college or university resources will be considered "substantial" (or when it will at least raise a question as to whether the college or university is entitled to joint ownership in the created work):

1. Will I use college or university resources beyond normal services available to other professional staff members? Will I pay for the use of these resources?
2. Will I receive some additional compensation from the college or university in the form of a monetary payment, grant, reduction in normal work duties, or some other benefit for my development/creation of the intellectual property?
3. Will the college or university provide support such as money, staff, facilities, computer resources, etc., that is beyond normal services available to other professional staff members and critical to the development/creation of the intellectual property?

If the answer to any of the above is "yes," a potential "substantial use" situation could arise. You should take steps to clarify ownership issues with the college or university before work begins so there is no confusion in the future about your ownership and use of the intellectual property created.