Intellectual property (IP) is an intangible creation of the human mind, usually expressed or translated into a tangible form that qualifies for certain property rights. Examples of intellectual property include an author’s copyright on a book or article, a distinctive logo design representing a ministry, unique design elements of a website, or a musical arrangement. Intellectual property law covers the protection of copyrights, patents, trademarks, and trade secrets, and other legal areas, such as unfair competition. Intellectual property laws give the creator of a new and unique product or idea a temporary monopoly on its use.
The value of intellectual property to an individual or church organization is not based on physical properties, such as size and structure. Instead, intellectual property is valuable because it represents ownership and an exclusive right to use, reproduce, or promote a unique creation or idea. In this way, it has the potential to be one of the most valuable assets a person or Church can own.
For this policy, intellectual property shall be defined as a product arising out of someone writing, drawing, designing, creating; or otherwise bringing about in any media format new material while operating or acting as an employee of the Church. These items may include but are not limited to music, sermons, teaching materials, books, articles, processes, procedures, documents, software, applications, video, signage, graphics, audio recordings/scores, brand marks, curricula, and programs.
GENERAL information of interest
Everyone working at the Church can create what is referred to as intellectual property (IP).
All IP created by an employee while working at and/or for the Church is owned by and becomes the sole property of the Church.
When this is the case, all copyrights will be procured by the Church, all publishing contracts will be through the Church, and all royalties will be the Church’s property.
If an Employee works outside the scope of their duties and responsibilities, outside their regular work hours and using their property and resources, that person owns the product created. For this to occur, several criteria must be met:
1-the product is created during the Employee’s own time and not during usual Church work time.
2-the product is not related to the Employee’s job duties and responsibilities and is not a derivative of any product created during usual working hours.
3-no Church resources were used in creating the product, including but not limited to, using church staff to edit or assist with the product, using a Church-owned computer or software (even at home), and it was not created on a Church campus.
4-if using the product in a location requiring additional funds for travel, none of the resources/funding can be provided by the Church. The Employee must not be representing the Church at this off-campus location.
5-if the Employee is paid for the product or service, the check is made out to the Employee since he acts as an agent for himself (v. the Church).
If an Employee desires to have ownership of their created material, the Employee will need to discuss this issue with the Executive Pastor.
The Church will allow an Employee to license or purchase the created product at fair market value. The fair market value will be determined at the sole discretion of the Executive Pastor after reviewing the past revenue earned from the product and its future earning potential.
The contracts with independent contractors or businesses for the designing and/or creating a new product and/or service for the Church through writing, drawing, designing, or otherwise bringing about in any media format new material must address the ownership of the created product before the start of the services contracted.
This policy and procedure do not apply to volunteers working at/for the Church since volunteers operate independently in service to the Church and not as employees.
ACTUAL POLICY (to be found in the Employee Ministry Handbook)
One ongoing goal of ABC Church is to continually foster a spirit of intellectual and artistic creativity amongst all our Employees and Pastors for the enlightenment and expansion of the gospel of Jesus Christ. The question arises; who owns what is created? All intellectual property, meaning anything you write, draw, design or create; or otherwise bring about in any media format for the Church arising out of your duties and time working as an Employee or Pastor of the Church, or while using any Church-owned property including office space, computers or media equipment, is the sole property of the Church. The Church will procure all copyrights, all publishing contracts will be through the Church, and all royalties will be the Church’s property. Exceptions to this policy may be made only through a separate written agreement signed by the Employee and an authorized Church representative. For further information or clarification, speak with the Executive Pastor or the Human Resources Coordinator.
RESPONSIBILITY
The management of all IP Creativity-licensing Agreements and all IP, except that of the Senior Pastor, shall be managed by the Executive Pastor. The management of IP created by the Senior Pastor shall be the responsibility of the Elder Chairman. The Executive Pastor shall update the Board of Elders on the status of all IP in report form.