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).
Work for Hire
In general works for hire are copyrighted material created under the following circumstances:
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.
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.
Need to discuss your OER & the IP Policy? Contact Carol Brigham for assistance.
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