Re: [LM_NET] QUESTION: Policies on Teachers'/Librarians' Intellectual Property

[Nancy Willard <nwillard@CSRIU.ORG>]

Some stuff cut and answer below.

> To seek to change the policy Ms. Speranza cited would be to seek to have
> the district adopt a policy that is not in accordance with copyright law
> and standard practice. I responded directly to Ms. Speranza, but this point
> may be of general enough interest to be worth posting to the list.
> 
>> Date:    Tue, 18 Dec 2007 16:47:06 -0500
>> From:    Susan Speranza <castleriggpekes@GMAIL.COM>
>> Subject: QUESTION: Policies on Teachers'/Librarians' Intellectual Property
>> 
>>  Hello All:
>> Our school board, who we have been constantly at odds with for many years,
>> is reviewing our policies and procedures. One of the things they insist on
>> is owning works created by employees (like lesson plans, or books teachers
>> may be writing?). Anyway, here is how they phrase it (below).
>> 
>> What I'd like to know is what do your policies say about this matter (if
>> anything)? It is my opinion that we as a staff should fight this.
> 
> Regards,
> 
> Ken

Actually Ken, your statement is inaccurate. While there are legal standards
under copyright law that address work-for-hire, a district can created any
policy that it desires with respect to copyright law.

But let's start with the definition:

>Statutory Definition
>Section 101 of the copyright law defines a "work made for hire" as:
>(1) a work prepared by an employee within the scope of his or her
>employment; . . .

So first we have to figure out what teachers are employed to do. Teachers
are employed to teach. This likely includes creating lesson plans. But this
most definitely does not include writing a book. This also does not include
writing curriculum - unless the teacher has been hired on a specific project
to actually write curriculum.

However, as more teachers are engaged in creative product development, I
believe it is very helpful to have a district policy that outlines the
rights. This is the approach I recommend:

* Instructional materials are created by a staff person solely on his or her
own time using his or her own personal resources. The staff member owns the
copyright and the district has no rights. Use of materials in class is not
considered "development."

* Instructional materials are created by a staff person primarily on his or
her own time using his or her own equipment but that that has in some way
used some district resources.  The staff member owns the copyright, but the
district has a no-cost, non-exclusive, continuing right to use the materials
within the district. It is best to obtain advance approval for any such
projects and outline the parameters of the project.

* Instructional materials has been initiated and supported by the district
and designed to meet district-specified instructional needs. This is work
for hire and is owned by the district.

Nancy


-- 
Nancy Willard, M.S., J.D.
Center for Safe and Responsible Internet Use
http://csriu.org
http://cyberbully.org
http://cyber-safe-kids.com
nwillard@csriu.org

Cyberbullying and Cyberthreats: Responding to the Challenge of Online Social
Aggression, Threats, and Distress (Research Press)

Cyber-Safe Kids, Cyber-Savvy Teens: Helping Young People Learn to Use the
Internet Safely and Responsibly (Jossey-Bass)

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