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Online Classroom Resources and Guidance: Intellectual Property

By Mary Hobson

In today's knowledge economy, intellectual property (IP) issues can be big business. Educational establishments are becoming particularly aware of IP, as their major business capital is the contents of their faculty's brains.

One way that educational institutions strive to gain control of this intellectual property is to formalize it as teaching materials--the written notes, online resources and handouts used by teachers. To this end, online programs in particular can work in favor of the institution, in that they allow teachers' knowledge to be recorded and left in the institution's hands.

Contract of Employment Terms

For many teachers, teaching IP is dealt with in their contracts of employment, as is research IP. Most institutions state categorically that teaching materials developed in the process of teachers fulfilling their teaching duties are the property of the employer, who can use them in ways that they see fit, without further reward to the teacher. On the other hand, academic works such as textbooks are usually excluded from this provision, unless the author has used substantial institutional time and resources. Some contracts will grant teachers a small percentage of any commercial gain, although this is more likely to apply to research rather than teaching materials.

If you are employed on a part-time basis or across several institutions as a "freeway flyer," or adjunct professor, you need to check your contracts very carefully. If your teaching materials are regarded as the property of the contracting institution, you may find that you need to prepare resources and lesson plans unique to each institution at which you teach.

Online Programs Highlight IP Issues

Online programs are really opening up this issue at the moment. Many online programs are money-making projects for the institutions that produce them. People involved in designing, writing and delivering their courses find themselves contributing to a commercial enterprise. Often, contracts will specify that the intellectual property of the material created is the property of the commissioning establishment. If this is not specified, then in fact you have every right to retain the resultant IP.

The bottom line is that you need to be aware of the contents of your contract of employment, and the intellectual property policies of the institution that is paying you your salary or flat fee. Be aware that most educational establishments will expect to retain ownership of teaching materials and online resources, although they cannot "own" knowledge or ideas. And make sure that if you are developing online materials outside your normal employment, that it is something clearly definable as separate from your everyday teaching materials. If in doubt, talk to your educational establishment--preferably before you commit your time and effort.

Sources: About the Author
Mary Hobson is the Head of IT School at a Polytechnic in New Zealand. She also works as a freelance writer.