In the Distance Learning Environment Who Owns What ???

What are Your Rights to Copy ? 1. To make reproductions 1. To make reproductions 2. To distribute your work 2. To distribute your work 3. To display publicly 3. To display publicly 4. To create derivative works 4. To create derivative works 5. To authorize or sell any of these rights 5. To authorize or sell any of these rights

When would faculty not have rights to their intellectual work? meet criteria for an employee meet criteria for an employee income tax withheld income tax withheld employee benefits employee benefits work schedule set by employer work schedule set by employer employer provide materials employer provide materials long term relationship long term relationship employer can assign job employer can assign job

Case Law Examples Williams vs. Weisser, 273 Cal. App 2d 726 (1969) Williams vs. Weisser, 273 Cal. App 2d 726 (1969) Weinstein vs. University of Illinois, 811 F2d 1091 (7 th Cir. 1987) Weinstein vs. University of Illinois, 811 F2d 1091 (7 th Cir. 1987) Hays vs Sony Corp 1988, Judge Posner Hays vs Sony Corp 1988, Judge Posner

What do professional bodies say about “Work-for-Hire” ? The AAUP Statement of Copyright: work for hire situations are special situations With the reality of great sums of ‘bucks’ sloshing around in distance education, the parties in the academic world are “re- thinking” the work for hire doctrine

Work for Hire Advance the interests of employer Advance the interests of employer Driven by marketing Driven by marketing Under control of corporate hierarchy Under control of corporate hierarchy

Solutions of Some Institutions Jones International University deconstructed the faculty role: (1) Academic advisory board (2) Content experts (3) Persons involved in preparation of course (4) Teaching faculty

More Solutions Stevens Institute of Technology Stevens Institute of Technology –faculty member gets royalty of 30% of tuition University of Vermont’s University of Vermont’s –faculty person has intellectual property rights and licenses them to University University of Texas University of Texas –Course is jointly owned

Models of Ownership 1. Owned by faculty member 2. Work for Hire 3. Owned jointly with college 4. Ownership is on a continuum 5. Reside in college for finite period of time 6. Faculty member given non-exclusive, royalty-free license to use the work 7. Co-op model

What is Fair Use? Limits a copyright owner’s exclusive right to his/her intellectual property

Fair Use Criteria (1) Purpose of use (2) Quantity copied (3) Nature of material (4) Adverse impact on copyright holder’s market

Corporatization of the University Hire many more contract based part time and adjunct faculty. Hire many more contract based part time and adjunct faculty. Think about the faculty as a profit center Think about the faculty as a profit center

TEACH Act Requirements Limit students’ access to material Limit students’ access to material Only for duration of the time period needed to complete the class Only for duration of the time period needed to complete the class Must prevent further copying and distribution Must prevent further copying and distribution Must be password protected Must be password protected University must institute policies regarding copyright protection University must institute policies regarding copyright protection

Final Look at Issues –Who is initial owner of created intellectual property; what will be subsequent disposition of associated ownership rights –How ownership rights with intellectual property promotes the mutual benefit of faculty, staff and learning communities –What will be models for allocation of rights and influence of new technologies on Intellectual Property issues in universities and colleges.

Online courses !!!!!!! Online courses !!!!!!! Who owns what ???????? Who owns what ???????? It’s a Subject It’s a Subject