Copyright practice and procedures

Note: This section was copied directly from Penn State's policy information on the GURU Web site. For more information, see specifically University policies AD36 and AD37, and the Sponsored Programs Policy Book--Intellectual Property Policies & Procedures, which can be found at http://infoserv.rttonet.psu.edu/spa/ip.htm

"The University encourages faculty, staff, and students to create literary, scholarly, and artistic works, including textbooks and other instructional materials. In this context, copyright ownership of such works generally rests with the creator(s) unless they are generated within the scope of the creator's employment, commissioned by the University, or are subject to a sponsor's agreement which provides for a different ownership.

"The copyright of literary, scholarly and artistic works, including books, articles, contributions to collective works, and other means of presentation, but excluding instructional materials, is considered to be outside the scope of employment and therefore owned by the creator, whether or not created on University time or using University resources. Conversely, copyrights in research or survey instruments (questionnaires, etc.), instructional materials (including videotapes), and in computer software created on University time are considered within the scope of employment and hence owned by the University. University personnel creating such materials are urged to contact the Intellectual Property Office, through the cognizant University administrators, for assistance in the copyright process and for subsequent licensing efforts."

Why it is required that DE/WC materials be copyrighted by University

• University intellectual property and copyright policies distinguish between article and textbook publishing of faculty (done independently by faculty member with investment of faculty time) vs. software products developed with significant University resources. While faculty members may retain ownership of texts and articles, software products are copyrighted by the University. Technology-based DE deliverables fall largely within the "software" classification.
• Standard procedure (in place for many years) for all course materials developed through Distance Education, so that DE can control delivery and availability of course materials over a certain desired period of time
• Usually a "work for hire" performed for extra compensation, and therefore a commissioned work
• A project that requires significant investment of University support resources (Distance Education, CAC, etc.)

Compensation to faculty, department, and college

• Faculty, college, department usually receive up-front funding or extra compensation to cover faculty involvement in course development activities
• Royalties, defined as 20% of selling price of materials, are collected on any DE course materials that are sold; such funds are disbursed by Outreach and Cooperative Extension annually. Of the royalty fee, 50% goes to Outreach and Cooperative Extension. The department and college decide how the other 50%--designated for "author"--is dispersed.
• If an external organization (for example, a publisher or software producer) is interested in purchasing, publishing, or licensing the instructional materials, equitable terms can usually be worked out among Distance Eucation/The World Campus, the author, and the sponsoring academic unit(s).

Terms of copyright/royalty agreement

• Sets up time frame for delivery of materials
• Identifies a sign-off point for quality control (usually academic department)
• Contains contact information about author and royalty terms to ensure that, if any materials are sold, royalties go to the correct individual
• Generally describes author's work as "work for hire" and indicates the amount of author compensation
• Establishes University ownership of the particular expression of an idea, but allows author to quote up to 10% of the entire work without having to request permission (upon submission of a written request, author may be granted permission to quote a higher percentage of the material). Faculty still maintain ownership of course content *ideas* if they are expressed in a substantially different manner than in the copyrighted work.
• Identifies a date when course materials should be reviewed for currency (for World Campus projects, usually 3 years from open date of course; for Independent Learning projects, usually 5 years from open date of course)
• Identifies a date after which copyright reverts to author (usually 15 years from open date of course)
• Must be "witnessed" by someone other than author (witness prints and signs name--faculty can serve as "witnesses" for each other)