Ownership of Intellectual Property

THE CHIEF EXECUTIVE OFFICER RECOMMENDS:

That the Chicago Board of Education (“Board”) amend Board Report 00-0322-PO2, Policy on Ownership of Intellectual Property in response to the Board’s biennial policy review requirement.

PURPOSE

The purpose of this policy is to establish clear and consistent guidelines regarding the ownership of intellectual property created through the work of the Board of Education (“Board” or “CPS”) employees and third parties, including vendors, contractors, subcontractors, and consultants. The Board regularly engages in projects involving the development of software, databases, studies, educational materials, and other works that constitute intellectual property. This policy ensures that the Board retains ownership of intellectual property created within the scope of employment or contractual engagement, thereby safeguarding the Board’s investments, promoting innovation, and supporting the development of tools and resources that advance its educational mission.

POLICY TEXT

I. Scope of the Policy

This policy applies to any third party working for Chicago Public Schools ("CPS"); all CPS vendors; all CPS employees; and all CPS departments.

This policy applies to all intellectual property covered by 17 U.S.C. 101 et seq., the Copyright Act of 1976, as amended.

II. CONTRACTUAL OBLIGATIONS FOR THIRD PARTIES

• Contractual Agreement. Pursuant to Board Rules 7, all third parties providing goods and services involving intellectual property to the Board must enter into a contract approved by the Board of Education. Such contracts shall include the ownership, confidentiality, and dissemination of information provisions described below.
  1. Board Ownership of Intellectual Property: Each contract between third parties and the CPS shall include an ownership subsection which stipulates that all intellectual property prepared or generated as a result of the agreement between the third party and the Board of Education shall at all times be and remain the property of the Board. All intellectual property shall be delivered to the Board upon demand at any time and in any event shall be promptly delivered to the Board upon expiration or termination of the agreement.
  2. Confidentiality: In performance of services for the Board, a third party may have access to or receive certain information that is not generally known to others ("confidential information"). All third parties must agree not to use or disclose any confidential information or any records, reports, or documents prepared or generated as a result of this agreement with the Board without prior written consent of the Board. This provision shall survive the expiration or termination of the agreement between the parties.
  3. Dissemination of Information: A third party shall not disseminate any information obtained in performance of services for CPS without the prior written consent of the Board. In the event that a third party is presented with a request for documents by any administrative agency or with a subpoena duces tecum regarding any records, data, other documents which may be in the third party's possession as a result of the services being conducted for the Board, the third party shall immediately give notice to the Board and its General Counsel with the understanding that the Board shall have the opportunity to contest such disclosure prior to submission of any documents to a court or other third party. However, third parties shall not be obligated to withhold such delivery of documents beyond the time ordered by a court of law or administrative agency. A third party agrees that their key personnel, staff and subcontractors, if any, comply with the same confidentiality obligations agreed to by the third party itself.
• Exceptions. Any exceptions or deviations to the ownership, confidentiality, and dissemination provisions of this policy must be approved by the General Counsel of the Board.
• Enforcement. Third party violations of this policy will be considered as a breach of contract.

III. CPS EMPLOYEES

• Work Made for Hire. The Board owns any intellectual property created by CPS employees working within the scope of their employment duties under the "work made for hire" doctrine of the federal copyright law. The Board's ownership of such intellectual property remains in effect after the employees' employment relationship with CPS has ceased.

  For purposes of this policy, "within the scope of employment duties" includes, but is not limited to:

  1. Development of curriculum, lesson plans, instructional materials, and assessments created for use in Board schools or programs;
  2. Educational content developed as part of assigned teaching, training, or administrative responsibilities;
  3. Software, applications, or databases developed using Board resources or as part of a Board-approved project;
  4. Reports, manuals, policies, research, presentations, and similar works created in connection with an employee's assigned job functions;
  5. Materials produced during work hours, using Board equipment, facilities, or funding;
  6. Any work created pursuant to a specific direction or assignment from a supervisor or department.

  CPS acknowledges that employee creativity and collaboration drive innovation and commits to recognizing staff contributions through internal acknowledgments and showcases, where appropriate.

• Enforcement. CPS employees who violate the policy will be subject to discipline pursuant to the Employee Discipline and Due Process Policy for Union Employees (Except CTU) Code (16-0525-PO2).