Ohio University Policy
Three primary policies govern copyright, ownership, and utilization of university-sponsored educational materials at Ohio University – 15.015: Copyright, 15.006: Ownership and Utilization of University-Sponsored Educational Materials, and 15.007: Faculty Participation in Educational TV Production. This agreement primarily refers to University Policy 15.015.
According to University Policy 15.015:
Copyright is the ownership and control of the intellectual property in original works of authorship that is subject tocopyright law. All rights in copyright shall remain with the creator unless the work is a "work for hire" (and copyright vests in the University under copyright law).
For the purposes of this policy, a work will be considered a "work for hire" if the work is supported by a direct allocation of funds through the University for the pursuit of a specific project, is commissioned by the University, or is otherwise subject to contractual obligations that define it as an Institutional Work.
University Policy 15.015 describes Institutional Works and Work for Hire as follows:
Institutional Works include works that are supported by a specific allocation of University funds or that are created at the direction of the University for a specific University purpose. Institutional Works also include works whoseauthorship cannot be attributed to a specific list of authors, but rather result from simultaneous or sequential contributions over time by multiple individuals. … Institutional Works can be created for University purposes in the course of special employment, or may result from simultaneous or sequential contributions over time by numerous employees or students.
"Work for hire" is a legal term defined as "a work prepared by an employee within the scope of his or her employment." This definition includes works prepared by employees in satisfaction of sponsored agreements between the University and outside agencies. Certain commissioned works also are works for hire if the parties so agree in writing. The employer by law is the "author," and hence the owner, of works for hire for copyright purposes. Ownership in a work for hire may be relinquished to the employee or others only by an official of the University authorized to do so.
With respect to university-sponsored educational materials, University Policy 15.006 specifies: Educational materials are university-sponsored only when either
- A faculty or staff member's responsibilities specifically include a written assignment that such materials are to be produced, or
- A special contract for such production has been made.
With respect to faculty participation in educational TV production, University Policy 15.007 specifies:
Ohio University shall be the sole and exclusive owner of video-recorded programs of instruction produced through the facilities of the university by faculty members on contract to the university.
It is recognized, however, that the faculty member reserves to himself or herself exclusive rights to the ideas, notes, and literary effort developed in connection with the preparation of such programs.
Rights and Responsibilities
Institutional Work and Contributors . Consistent with University Policy 15.015, work produced for the CLTA by Contributors will be broadly considered Institutional Work when the work meets one or more of the following conditions:
- Work is supported by a specific allocation of University funds.
- Work is created at the direction of the University for a specific University purpose.
- Contributors use (without charge) University equipment, materials, or staff services to assist in workdevelopment.
Examples of Institutional Work include, but are not limited to, work created through agreements with faculty or staff to serve as named CTLA Learning Community Leaders, Academy Leaders, Faculty Fellows, or digital resources pedagogical/content experts.
Accordingly, both CLTA and Contributors have the following privileges associated with Institutional Work produced:
- Share work internally and externally for educational or research purposes.
- Utilize work in future projects, programs, etc., for educational or research purposes.
- Update, modify, or revise work as needed for specific University- or CTLA-related purposes.
- Publish work (with appropriate credits) for educational or research purposes.
- Promote University-sponsored or CTLA programming.
Because work may become outdated, Contributors may request that Institution Work they produced be reviewed (and possibly revised) for accuracy and usefulness after a specified utilization period.
University-Sponsored Educational Materials . Consistent with University Policy 15.006, university-sponsored educational materials produced for CTLA will be considered Institutional Work when one of the following conditions apply:
- Contributor(s) use University resources without charge to develop the work.
- Contributor(s) receive support in the form of money or other resources from the University; or
- Contributors(s) are commissioned by the University to develop the materials.
Because University-Sponsored Educational Materials may become outdated, Contributors may request that Institution Work they produced be reviewed (and possibly revised) for accuracy and usefulness after a specified utilization period.