The version of this rule that includes
live links to associated resources is online at
https://www.ohio.edu/policy/15-006.html
(A)
Overview
This policy governs the ownership and
utilization of university-sponsored educational materials.
Ohio university encourages educational
innovation and experimentation in the use of techniques which improve
instructional effectiveness and efficiency. To this end, the university has
several offices which support and assist in the development and improvement of
educational materials.
The university recognizes the merit of
developing improved educational materials. Such contributions rank high when
matters of salary, promotion, and work load are considered. All such activities
are regarded as scholarly research or as service to the
university.
(B)
Definition of university-sponsored educational
materials
(1)
Guidelines
Educational materials are
university-sponsored only when either
(a)
A faculty or
staff member's responsibilities specifically include a written assignment that
such materials are to be produced, or
(b)
A special
contract for such production has been made (sample contracts are available from
the legal affairs office).
(2)
Contracts
These contractual arrangements are
appropriate:
(a)
If the author(s) will use in his or her developmental
work without charge to him or her, the equipment, materials, and staff services
of Ohio university which assist in the development of educational materials;
or
(b)
If the author(s) will receive support in the form of
money, released time, or other resources from a department, a college, or any
other unit of the university; or
(c)
If the author(s)
will be commissioned by the university or one of its colleges, school,
departments or units to develop the materials and in their production, will use
some part of the time for which he or she will receive compensation from
university support budgets, grants, contract budgets administered by the
university, or budgets based on special legislative
appropriations.
(3)
Examples of included materials
Educational materials to which this
policy is applicable include, but are not limited to, productions such as video
or audio recordings, motion pictures, slides, transparencies, charts, film
strips, programmed and self-instructional materials, and computer
programs.
(4)
Excluded materials
Educational materials to which this
policy does not apply include non-university sponsored materials, such as
textbooks or related printed instructional materials, e.g., study guides and
instructor's manuals, and printed materials such as monographs, book or journal
articles prepared for the purposes of disseminating scholarly
research.
(C)
Ownership
(1)
The developer(s)
or author(s) of the educational materials they produce are the sole and
exclusive owner of the literary, scholarly, or creative idea and concept
involved in the educational materials. The developer(s) or author(s) are
responsible for warranting the originality of the idea or concept and that such
use is not improper; and they will be responsible for seeking and obtaining all
necessary releases, permissions, and authorizations for use of any non-original
material.
(2)
The university retains the ownership, subject to parts
(D) and (E) of this policy, over the actual tangible university-sponsored
educational material so produced, unless there is a contractual arrangement
between the university and the developer(s) or author(s) granting to the latter
ownership rights in the actual tangible educational material.
(3)
A contract
employee may enter into a contract relationship with his or her senior officer
regarding the creation, ownership, use, remuneration, or any other matter
relating to educational materials not consistent with this
policy.
(D)
Internal use
The design and development of
university-sponsored educational materials does not change the basic privileges
of academic freedom.
The author has the same degree of
autonomy and freedom in selecting content, organizing its presentation and
otherwise managing courses that use university-sponsored materials as pertains
to all other courses.
The entire university community will
have access to university-sponsored educational materials unless their use is
restricted by prior agreement.
(E)
External
use
University employees, sponsoring
departments or regional campus divisions primarily involved in the preparation
of materials distributed externally will share in any net income received from
the sale or rental of these materials. All duplication and distribution costs
will be returned to the university before the net income from sale or rental is
distributed.
The actual distribution of compensation
for external use should be determined on a case by case basis prior to the
initiation of the project, using a formula such as the one recommended
here:
Author
|
Sponsoring Department or
Regional Campus Division
|
Instructional Development
Fund
|
50 %
|
25 %
|
25 %
|
Grant-funded materials may require
external distribution in a manner specified by the granting
agency.
(F)
Review and revision
Educational materials require periodic
review and revision. The agreement between the author(s) and the university
must specify a period of time after which the material should undergo review
and possibly revision.
After the completion of the first
utilization period, the university will not use the materials until they have
been reviewed. If the material is being used exclusively by the author(s),
determination of its use beyond the specified utilization period is his or her
responsibility. If the material is being used by others within the university,
its use beyond the terms of the agreement will require written approval of the
author(s).
The version of this rule that includes
live links to associated resources is online at
https://www.ohio.edu/policy/15-006.html