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File code: PRO.EDUCMAT.POL
Approval Date: 05/14/93
Approved By: President

Policy on University-Sponsored Educational Materials

(See Board of Trustees Regulation, Section II.A.17., Copyright and Patent Policies for a related policy.)

  1. This policy is adopted to supplement the copyright policy contained in Section II.A.17. of the Regulations and Bylaws of the Board of Trustees (hereinafter referred to as the "Regulations"). The types of Educational Materials to which this policy applies include, but are not limited to:
    1. Video and audio recordings;
    2. Study guides, tests, syllabi, bibliographies, and texts;
    3. Films, film strips, charts, transparencies, and other visual aids;
    4. Programmed instructional materials;
    5. Computer programs.
  2. Ownership of Educational Materials shall be determined in accordance with the Regulations. In general, the Regulations provide that ownership of a copyrightable work normally belongs to the author of the work, except in the case of a "work for hire" which normally belongs to the University. Furthermore, the Regulations provide that if more than half the cost of production of a copyrightable work not considered a "work for hire" was provided through University resources, the author must grant the University an irrevocable, non-exclusive, royalty-free license to use, copy, and sell such work in connection with its teaching, research, and public service programs.
  3. The purpose of this policy is to supplement the Regulations by providing for the use of University-Sponsored Educational Materials created by faculty, staff, or students. "University-Sponsored Educational Materials" are those Educational Materials that constitute a "work for hire" or whose development and/or production involve substantial university resources of $1,000 or more, excluding normal secretarial assistance.
  4. Two categories of use of University-Sponsored Educational Materials are differentiated for purposes of this policy:
    1. Use internal to the University - use by any unit of the University for instruction or education, either on campus or off campus.
    2. Use external to the University - use other than by a unit of the University for instruction or education; for example, use by educational institutions other than the University, use by governmental and other nonprofit institutions, or use resulting from lease or other contractual arrangements for commercial distribution of the materials.
  5. Use of University-Sponsored Educational Materials under this policy shall be subject to the following conditions:
    1. As long as the author remains affiliated with the University:
      1. Unless otherwise specified by written agreement between the author and the University, the author may specify revision of the materials prior to any internal University use.
      2. If the revision the author desires is deemed not feasible by the University, the author may ask that the materials be withdrawn from use.
      3. If the material requires continuous maintenance and updating, the author will have the obligation of such maintenance unless otherwise specified by written agreement between the author and the University.
      4. When a faculty member has been assigned to teach a specific class, which will be transmitted electronically to another site, on or off campus, and a recording is made simultaneously with such transmission, ownership in the recording shall belong to the University as a "work for hire". The faculty member shall have the right to obtain one copy of the recording at no cost for personal, teaching, or other noncommercial use.
    2. Licensing of University-Sponsored Educational Materials for external use shall be preceded by a written agreement between the University and the author specifying the conditions of use and including provisions protecting the rights of the author and the University.
  6. Compensation for Production, Sale, Rental, or Other Use of University-Sponsored Educational Materials:
    1. The author shall generally not receive compensation, other than his/her regular compensation from the University, for the production, revision, and normal internal use of University-Sponsored Educational Materials.
    2. The University shall license external use of University-Sponsored Educational Materials only after entering into a written agreement with the author specifying how much, if any, of the net income (after marketing and distribution costs) will be paid to the author. The guidelines below shall be reflected in that agreement.
    3. The author and University may enter into a written agreement for dividing the net income on some other basis, if special circumstances attend the production or use of the materials.
    4. Persons other than the author shall not share in income from University Sponsored Educational Materials unless specified by written agreement with the University.

Net Income

Share for Author

Share for University

$0-5,000

90%

10%

$5,000-10,000

50%

50%

$10,000+

40%

60%

Indemnification

Before any use is made of University-Sponsored Educational Materials, the author shall certify in writing that, to the best of the author's knowledge, the materials do not infringe on any existing copyright or other legal right. The University shall require the author to agree in writing to indemnify and hold harmless the University from and against all damages, costs, and expenses to which it may be subjected as a result of infringement of copyright or other legal rights pertaining to the materials.