In A BYOD environment, who owns IP?

  • By creekmoremarketing
  • 31 Jul, 2015

Only 24 percent of businesses currently report plans to implement a ‘Bring Your Own Device’ policy in their workplace, according to a survey conducted earlier this year by CompTIA. Nevertheless, BYOD is considered a tech movement of the future as professionals wield multiple devices to get their work done. Businesses are starting to realize the advantages of implementing a BYOD policy, but the slow enactment of this setup may be because it creates a number of intellectual property questions relating to content created on these devices. As a result, businesses need to understand the ins and outs of intellectual property rules and how they should address this subject in their respective BYOD policies.

Copyrighted Software Creates a Default Ownership

The primary complication of IP rights within BYOD setups is that content and activity is being conducted on a personal device. Workers typically appreciate the flexibility of using their own personal tablet or smartphone in the workplace, but because the device is privately owned, it’s not as easy for businesses to establish governance.

However, this doesn’t mean device ownership determines IP rights. In reality, it’s usually the software ownership that establishes a default right to intellectual property. For example, suppose a worker brings in their own Android-running tablet device, and uses that device to create a PowerPoint presentation. The default ownership of that intellectual property is determined by the entity that owns the copyright to the Microsoft Office software being used. If companies require workers to install and use software to which the company owns the copyright, all content created through that platform could be owned, by default, by the company, according to  FierceMobileIT .

Employment Status Often Determines Rights

While software copyright covers some use cases, there are some exceptions, the main one being employment status. When a worker is a contracted employee, instead of a full-time member of a company’s staff, they retain the rights to all content they have created. Contracted workers sell their completed work to a company, and since there’s no established ownership of the work going into a product, they retain intellectual property rights until a company purchases their content unless stated otherwise in their contract.

Use a Written Policy to Establish Expectations

Work-related content is relatively easy to address in BYOD policies, but personal and mixed-use content on devices is a different matter. Texting, built-in cameras and social media apps can all open up the risk of leaking intellectual property out to the public. Some of these activities may seem benign, but they present a huge risk to companies in the event of compromised IP. As PeakIPSolutions notes, these  policies are most effective  when they’re developed and implemented ahead of the technology itself, thus creating a smoother transition to innovative practices.

The best way to address this is to have IT professionals draft a comprehensive, detailed policy governing BYOD usage, including device usage expectations, restrictions on personal activity in the work place and so forth. Companies may also require segmentation of BYOD devices, with device owners creating separate profiles for business and personal use. If possible, this is the easiest way to govern usage while protecting data and other sensitive information from being improperly accessed or dispersed. Companies may also want to designate specific devices for employees under a widely-used provider that offers a variety of business-friendly devices for employees to choose from, such as  Tmobile . A number of solutions, including supporting BYOD business tools, can enable businesses to set up and regulate this segmentation while improving security throughout the device. Plenty of BYOD software solutions aim to protect a company’s integrity while bringing new devices into the workplace, so it’s smart to check out these different options and choose a product that suits your specific needs.

Kevin Norvell,
Web Project Manager

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By Robbi Meisel 21 Mar, 2017
WASHINGTON – Kentucky businesses and residents affected by severe thunderstorms, tornadoes, winds and hail from Feb. 28 through March 1, 2017 can apply for low-interest disaster loans from the U.S. Small Business Administration, SBA Administrator Linda E. McMahon announced today.

McMahon made the loans available in response to a letter on March 16 from Michael E. Dossett, Authorized Representative of Gov. Matthew Bevin, requesting a disaster declaration by the SBA. The declaration covers Estill County and the adjacent counties of Clark, Jackson, Lee, Madison and Powell in Kentucky.

“The SBA is strongly committed to providing the people of Kentucky with the most effective and customer-focused response possible to assist businesses of all sizes, homeowners and renters with federal disaster loans,” said McMahon. “Getting businesses and communities up and running after a disaster is our highest priority at SBA.”

SBA’s customer service representatives will be available at the Disaster Loan Outreach Center to answer questions about the disaster loan program and help individuals complete their applications.

The Center is located in the following community and is open as indicated:
Estill County
Estill Development Alliance
177 Broadway Street
Irvine, Kentucky 40336

Opening: Thursday, March 23
Hours: 10 a.m. to 5 p.m.

Days: Monday – Friday, 9 a.m. to 5 p.m.
Saturday, March 25, 10 a.m. to 2 p.m.
Closed: Sunday, March 26
Closing: Thursday, March 30, 9 a.m. to 3 p.m.

Businesses and private nonprofit organizations may borrow up to $2 million to repair or replace disaster damaged or destroyed real estate, machinery and equipment, inventory, and other business assets.

For small businesses, small agricultural cooperatives, small businesses engaged in aquaculture and most private nonprofit organizations, the SBA offers Economic Injury Disaster Loans to help meet working capital needs caused by the disaster. Economic Injury Disaster Loan assistance is available regardless of whether the business suffered any physical property damage.

Loans up to $200,000 are available to homeowners to repair or replace damaged or destroyed real estate. Homeowners and renters are eligible for loans up to $40,000 to repair or replace damaged or destroyed personal property.

Applicants may be eligible for a loan amount increase up to 20 percent of their physical damages, as verified by the SBA for mitigation purposes. Eligible mitigation improvements may now include a safe room or storm shelter to help protect property and occupants from future damage caused by a similar disaster.

Interest rates are as low as 3.15 percent for businesses, 2.5 percent for nonprofit organizations, and 1.875 percent for homeowners and renters with terms up to 30 years. Loan amount and terms are set by the SBA and are based on each applicant’s financial condition.

Applicants may apply online using the Electronic Loan Application (ELA) via SBA’s secure website at .

Businesses and individuals may also obtain information and loan applications by calling the SBA’s Customer Service Center at 1-800-659-2955 (1-800-877-8339 for the deaf and hard-of-hearing), or by emailing Loan applications can also be downloaded at . Completed applications should be returned to the center or mailed to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

The filing deadline to submit applications for physical property damage is May 19, 2017 . The deadline for economic injury applications is Dec. 20, 2017.

For more information about the SBA’s Disaster Loan Program, visit their website at .
By Robbi Meisel 27 Feb, 2017

LEXINGTON, Ky., (Feb. 14, 2017) – Kentucky Small Business Development Center is seeking nominations for the 2017 Pacesetter Awards. The recognition program was created to honor high performing, second-stage businesses that are changing Kentucky’s economic landscape. The deadline to submit nominations is March 15.

KSBDC encourages small businesses that meet the following minimum qualifications to apply:

         ·  Privately held

         · In business for three or more years

         · Employ six or more full-time employees, including the owner

         ·  Annual sales meet or exceed $500,000

         · Located and headquartered in Kentucky

         ·Demonstrate the intent and capacity to grow evidenced by the judging criteria.

Pacesetters will be selected based on two or more of the following criteria:

         · Growth in the number of employees

         ·Increase in sales and/or unit volume

         · Innovativeness of the product or service

         ·Response to adversity

         ·Employee engagement and commitment

         ·Contributions by the nominee to aid community-oriented projects

Pacesetters will be recognized at the Kentucky Celebrates Small Business event held at the Capitol rotunda in Frankfort during the first week of May. Each honoree will receive an award inscribed with the business’s name and a promotional video for their own use that highlights the business. In addition, KSBDC will send a customized press release announcing the award to local media and trade associations. Honorees are given the rights to use the Kentucky Pacesetter logo and event photographs in promoting their business.

Anyone may submit nominations, including third parties associated with an eligible second-stage business. A business may self-nominate by completing the required form. Winners will be notified by March 27. Full nomination requirements and the application are online at .

The Kentucky Small Business Development Center, part of the University of Kentucky College of Agriculture, Food and Environment, is a network of 12 offices located throughout the state. The center helps existing and start-up businesses succeed by offering high quality, in-depth and hands-on services. KSBDC is a partner program with the U.S. Small Business Administration. More information on KSBDC services can be found on their website, .


Writer: Roberta Meisel, 859-257-0104


UK College of Agriculture, Food and Environment, through its land-grant mission, reaches across the commonwealth with teaching, research and extension to enhance the lives of Kentuckians.




By Robbi Meisel 20 Feb, 2017
MURRAY, Ky., (Feb. 2017) — Chris Wooldridge, Kentucky Small Business Development Center district director for the Murray State University SBDC and Arthur J. Bauernfeind College of Business, has joined the board of directors of the Foundation for Kentucky Industry.

FKI is a statewide, not-for-profit, with the goal of strengthening manufacturing in Kentucky, a very important economic driver in the commonwealth. FKI’s Board of Directors is comprised of manufacturing, education, economic development and public policy leaders.
Project and program partners currently include LIFT (Lightweight Innovations For Tomorrow), JPMorgan Chase, KY FAME (Federation of Advanced Manufacturing Education), business and public partners.

“We are pleased to announce Chris Wooldridge, District Director of the Kentucky Small Business Development Center at the Murray State University Bauernfeind College of Business, will be joining the Board of Directors of the Foundation for Kentucky Industry. Mr. Wooldridge’s experience and expertise regarding business and economic development will be a great asset to the Foundation’s work of maximizing career opportunities for both Kentuckians and industry in 21st century manufacturing,” according to Mary C. Breeding, President and CEO, Foundation for Kentucky Industry (FKI).

About Murray State University SBDC: Murray State University hosts the West Kentucky Region of the Kentucky Small Business Development Center program.  KSBDC is a network of 12 offices located throughout the state that helps existing and start-up businesses succeed by offering high quality, in-depth and hands-on services. The KSBDC is a partner program with the U.S. Small Business Administration.
For more information on KSBDC services, visit their website, .
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