CONTENTS

PLANNING ISSUES

WHO OWNS MULTIMEDIA MATERIALS, THE CREATOR OR ASU?

WHO CONTROLS THE CONTENT?

RIGHTS OF THE COPYRIGHT HOLDER

USING MATERIALS CREATED BY OTHERS

SUGGESTED LANGUAGE FOR SYLLABUS

USE OF COPYRIGHTED MATERIALS IN PASSWORD PROTECTED OR SECURE ENVIRONMENT
 

Compare ownership with right to use

Review ABOR Intellectual Property Policy 6-908

http://www.abor.asu.edu/1_the_regents/policymanual/index.html

Evaluate the use of university resources for development and use

Enhance a course with technology to use internally

Create a product that can be marketed separately

Other considerations:

Permission for materials included in work (e.g., copyright)

Accessibility for disabled users

Role of students in course development
 

Copyright law -

Independently copyrightable contributions

Mutual intent

Employer (ABOR/ASU) is the owner if:

Work is created by employee within scope of employment

Work is created under contract (with assignment)

Work is properly documented as a work for hire

ABOR policy provides for ownership

ABOR Policy: ABOR/ASU will own if significant use of university resources

Research funding

Funding allocated for asynchronous or distance learning

Use of university paid time within the employment period

Assistance of support staff

Use of telecommunication services

Use of university central computing resources

Use of instructional design or media production services

Use of research equipment and facilities or production facilities
 

Academic tradition

Institutions may want to exert greater control over:

Format

Content

Use of institutional name, logo, resources

Use of content owned by third parties

Text

Music (mechanical and synchronization rights)

Software (may be patent issues also)

Images (copyright, likeness of individuals --privacy and publicity)

Must comply with copyright and other laws (see sample language for syllabus)
 

Can instructors take the material with them if they change jobs?

Factors:

Sole author

Joint author

University policy

Individually negotiated agreement

Ownership v. license to use

Nature of intended use

How are revenues shared?

Joint authorship under copyright law (without an agreement)

Individually negotiated agreement

ABOR policy: university owns, authors share in revenue net associated costs
 

Author(s) receive minimum of 50% of first net $10,000

And minimum of 25% of net in excess of first net $10,000

Copy or reproduce

Prepare derivative works (e.g., digitize images)

Distribute or market copies

Public performance and display (e.g., electronic)

Moral rights
 

Can license (e.g., get permission for) some or all of these rights

Public domain works: http://www.unc.edu/~unclng/public-d.htm

USING MATERIALS CREATED BY OTHERS

Component materials

Copyrightable material: expression, original, fixed in tangible medium

Notice and publication are no longer required

Moral rights: integrity and attribution

For each component, determine need for permission, document permission

Guidelines - narrower than fair use

Fair use - more likely if permission difficult (or outrageously expensive) to get

Character of the use

Nature of the material copied

Amount and importance of the part copied

Effect on the market for permissions
 

Need permission to use materials for more than one semester (see electronic reserves)

Materials produced

By faculty: ABOR policy determines ownership

By production team: To what extent is each contribution copyrightable?

By students: Are they employees or under contract?
Do they have the only copies?
How do you know the work is original? (Unless they are paid by ASU, normally students will own the copyright in their work. This means, for example, we can't post their work on a website without their permission.)

Record keeping

Required to maintain records (see retention schedules at university archives) www.asu.edu/lib/archives (Example: grade books)

Also need to maintain privacy

SUGGESTED LANGUAGE FOR SYLLABUS
 

Students are required to read and act in accordance with university and Arizona Board of Regents policies, including:

The Academic Integrity Policy: http://www.asu.edu/studentlife/judicial/integrity.html

The Student Code of Conduct: Arizona Board of Regents Policies 5-301 through 5-308 http://www.abor.asu.edu/1_the_regents/policymanual/index.html#5

The Computer, Internet and Electronic Communications Policy http://www.asu.edu/aad/manuals/acd/acd125.html

In addition, materials posted to websites or distributed in violation of university policy or applicable law, including copyright, trademark and privacy laws may be removed at the discretion of the university.

USE OF COPYRIGHTED MATERIALS IN PASSWORD PROTECTED OR SECURE ENVIRONMENT
 

Must follow guidelines for electronic reserves (or obtain written permission):

-Only one copy of any copyrighted item for one semester only. The item cannot be used in a subsequent semester without written copyright permission, which the instructor is responsible for obtaining.

-A copy of one chapter from a work of a single author or copies of not more than three chapters or articles from a collective work or periodical volume may be used over the course of a semester.