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Intellectual Property Rights Involving Courseware Development and Distribution - 1L15

This policy addresses intellectual property issues involving courseware development and distribution. The University's Policy concerning research involving patents and copyrights is covered in Personnel Policies, SIUE, 1 9-11.

It is SIUE's practice to treat the faculty member as the copyright owner of works that are created independently and at the faculty member's own initiative, regardless of the physical medium in which the academic work appears. For example, class notes, syllabi, and other material referred to as "courseware," are owned by the member of the faculty who created the material, regardless of whether the material appears on paper or in some electronic form. In some instances, however, the University may claim ownership of the academic work because the material produced was Work for Hire, Contractual, or a Joint Work (see definitions below). In those circumstances, the University has a responsibility to the public to disseminate information for the common good.

In those instances where SIUE may claim intellectual property ownership, it is SIUE's policy to grant all intellectual property rights to courseware development and distribution to the authors of such work provided the author(s) grant to SIUE:

  • a royalty-free non-exclusive license to use the material for educational purposes;
  • free updates and revisions of the original material made by the author(s);
  • assurances that the authors have secured permissions and/or licensing agreements for all non-original material used in the work and that the authors hold SIUE harmless for any copyright infringements contained in the work;
  • the right for SIUE to update, alter, and revise the original material for educational purposes; and,
  • the right to assign others to teach using the developed courseware.

The Graduate School is the designated unit for administering this policy. When academic works are created that may be owned by SIUE, a written agreement between the author(s) and the University incorporating the items stated above must be executed by the Dean of Graduate Studies and Research.


Definitions:
  • Work for Hire: Although traditional academic work, such as lecture notes, books, articles, and courseware are not normally treated as work for hire, some works created by the faculty fall under this definition and, therefore, may be owned by SIUE. Works created as a specific requirement of an assigned duty are considered work for hire. An assigned duty may come from a department chair, school/college dean, the Provost, or some other authorized administrative unit. It may also result from receiving financial support from SIUE or from an SIUE sponsored program.
  • Contractual: When the work is created or prepared as a result of a sponsored project, i.e. a grant or contract from a third party, the material may be owned by SIUE.
  • Joint Works: If the creator of the work uses SIUE resources above those usually and customarily provided, SIUE may claim to jointly own the work with the author. Resources above what is usually and customarily provided may be in the form of financial assistance, assigned time, technical assistance, or other forms of assistance, such as use of equipment and software.

Approved by Chancellor effective 11/27/00
This policy was issued on February 1, 2001 replacing the January 23, 2001 version.
Document Reference: 1L15
Origin: GR 2-00/01