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Open Educational Resources: OER & La Salle's IP Policy

Application of the Intellectual Property Policy in OER

La Salle's Intellectual Property Policy is weighted heavily in favor of the author. Unless one of the following exceptions applies, authors are entitled to own the copyright for materials they create and to retain any revenue from those materials. This includes OER that you create and adapt.  See the full policy on the MyLaSalle Portal.  

The use of existing works carrying CC Licenses may cause some doubt in the application of your own license to your final project. Three of the exceptions below may affect your copyright and the application of a CC License. These are: Work for Hire; University Art, Property, or Trademarks; and Online Courses. 

The incorporation of others' works will affect how you license the resulting work. Since there are instances whereby the University may hold the copyright for your creation, the use of others' CC licensed-material will complicate how the resulting work is licensed.  If there are any questions about the ownership or licensing of a work, consult the appropriate University representative (Dean and/or Provost). 

Exceptions to Copyright Entitlement

Work for Hire 

In general works for hire are copyrighted material created under the following circumstances:

  • Materials created by non-teaching staff and employees, postdoctoral fellows or associates in the course of assigned duties of employment;
  • Student(s) in the course of paid or unpaid employment, including teaching or research assistant duties; and
  • Faculty members as part of an assigned task where the assignment leads to the creation of copyrighted materials.  NOTE: the materials that  faculty create as part of their regular teaching and research do not qualify as works for hire. Only those works that are created under the direction of an officer of the University are considered works for hire.

Sponsored Projects

When copyrighted materials are created as a result of a Sponsored Project or Sponsored Research, the ownership of the copyright is determined in accordance with the agreement governing the project or research. Those pursuing projects should consult with the University in the formulation of such agreements in order to mutually protect and advance the public interest while also obtaining the greatest latitude and rights for the author and the University. In cases where there is no written agreement, the author retains the copyright as long as another exception to the policy applies.

Substantial University Resources

In cases where works are created with the substantive use of University resources, the University holds the copyright to the material(s) created. The creator holds a "Shop Right" - the author/creator has the right to use the work for their own teacing, research, and public service on a non-transferable , royalty-free, non-exclusive basis.  Consult the Intellectual Property Policy for details on what is considered normal and substantive use of University Resources.

University Art, Property or Trademarks

In the following cases, copyright shall be jointly owned by the University and the author.

  • Copyrighted materials that include artwork or special collections that are University-owned;
  • University-owned holdings used by faculty, students, or individuals other thant the author; or
  • Materials that include the name, artwork, or any trademark or University-owned copyright as an endorsement, enhancement or sanction for a product or service.  [Note that this does not apply when used for the purpose of identification of an individual faculty member, students, and other individuals.]

Online Courses

In cases where the University decides to offer an online course, creation of materials for the course is considered an assigned task and hence a work-for-hire. Creators of such materials have Shop Rights for them unless another exception applies.

 

Get Help

Help Sign   Need to discuss your OER & the IP  Policy?  Contact Carol Brigham for assistance.

Image by Gerd Altmann from Pixabay