Ohio Admin. Code 3337-3-33 - Policy for ownership and utilization of university-sponsored educational materials
To provide a policy governing the ownership and utilization of university-sponsored educational materials.
(A) Introduction. It is the policy of Ohio
university to encourage 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) Educational materials are
university-sponsored only when:
2
(a) a faculty or staff member's responsibilities
specifically include a written assignment that such materials are to be
produced or
2
(b) when a special contract for such production has
been made. These contractual arrangements are appropriate:
(a) If the author(s) will use in his/her
developmental work without charge to him/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/she will receive compensation from
university support budgets, grants, contract budgets administered by the
university, or budgets based on special legislative appropriations.
(2) 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.
(3) 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 nonoriginal material.
(2) The university retains the ownership,
subject to sections IV and V paragraphs
(D)(E) of this policy rule 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/her senior
officer regarding the creation, ownership, use, remuneration, or any other
matter relating to educational materials no£ 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 selectingcontnetcontent, 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
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 for prior to the initiation of the project, using a formula such as
the one recommended below.
Author |
Sponsoring Department or Regional Campus Division |
Instructional Development Fund |
50% |
25% |
25% |
It is recognized that grant-funded materials may require external distribution in a manner specified by the granting agency.
(F) Educational materials require
periodic review and revision. The agreement between the author(s) and 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/her responsibility. If the
material is being used by others within the university, its use beyond the
tersmterms of the agreement will require
written approval of the author(s).
Notes
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978
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