Copyright Issues in Teaching with Technology

Copyright Ownership
Copyright ownership normally resides with the author (or authors) of the work. For example, your students may be entitled to copyright protection for assignments, papers, and other works turned in to you, depending upon the nature of the material. (E.g., a term paper on colonial architecture would qualify, solutions to calculus problems would not.) Copyright ownership may be assigned to someone else, as is often the case with manuscripts submitted for publication.

An exception is made for “works for hire,” defined by Section 101 of the copyright law as a work prepared by an employee within the scope of employment, or a work specifically ordered or commissioned under certain circumstances, in which case copyright is reserved for the employer or commissioner of the work. Does a college faculty member who must publish or perform other forms of scholarship as a condition for earning promotion and tenure thus retain the copyright to those works, or are they “works for hire,” with the copyright retained by the institution? Most colleges and universities have intellectual property policies that address these issues, and in most cases professors are allowed to keep the copyrights. Work that is supported by grants from external funding agencies may provide a tricky variation on this theme. Contracts must be written so that the ownership of intellectual property resulting from such projects is clearly designated and understood by all concerned parties.

Previous | Contents | Next