17.02.02.R0.01 Intellectual Property Technology-Mediated (Web-Based) Instruction

Effective: January 2002

Supplements System Policy: System Policy 17.01

Supplements System Regulation: 17.02.02

1. Philosophy

The success of our university hinges greatly on the intellectual capacity and creativity of our faculty, staff, and students. Technology-mediated (web-based) instruction is an emerging area that the Texas A&M University system embraces and supports as a gateway to distance education for students. The creation of courseware by private sector entities or other public universities offers the prospect of the loss of tuition and formula funding vital to the components of the Texas A&M University System. The System's intellectual property management process recognizes the principle of the rights of authors to their works.

2. Application

This procedure shall be applicable only to copyrightable materials that
facilitate and support Technology-Mediated (Web-Based) Instruction.

3. Definitions

For the purposes of these procedures, the following items are defined:

3.1 Technology-Mediated (web-based) Instruction: Instructional activities that use technological innovations in the development and delivery of web-based courses;

3.2 Technology-Mediated Materials: Materials and intellectual property rights on such materials that are copyrightable works developed to facilitate and support the instructional delivery of course content through technology-mediated (web-based) instruction;

3.3 Institutional Works or Institutional Works for Hire: Copyrightable works created for institutional purposes in the course of the creators' employment, including, but not limited to, simultaneous or sequential contributions over time by numerous faculty, staff, or students.

4. Ownership Rights

4.1 Faculty and staff own technology-mediated (web-based courses) materials, except for certain limited exceptions, as outlined below:

4.2 If the work is "work for hire" then ownership resides with Texas A&M University-Commerce.

4.3 If the university's contribution to the effort either rises to the level that it constitutes co-ownership interest or rises to the level that resources contributed should be reimbursed by future royalties accruing to licensing or marketing, then partial ownership shall reside with the component.

4.4 If technology-mediated materials are deemed owned by faculty and/or staff, in whole or part, the university shall retain a license to use the material for its own noncommercial educational purposes, without payment of royalties, for two academic years commencing on the date of departure of the faculty member from the university.

4.5 Faculty and staff will follow university guidelines for determination of the conditions for partial ownership.

5. Agreement

It is the responsibility of the creator to notify his/her department head of the initiation of technology-mediated (web-based) instruction.

5.1 The department head is responsible for ensuring the completion of the Standard Agreement Form and for routing the form to the Director of Instructional Technology and Distance Education.

5.2 The Director of Instructional Technology and Distance Education is responsible for reviewing the Standard Agreement Form for compliance issues and forwarding the contract to the Provost for approval.

6. Outside Employment

Technology-mediated (web-based) instructional courseware and materials developed for and/or used by an external vendor or contractor (including another higher education institution) must be reported through the process for outside employment.

References: Texas A&M System Policy 17.02 and Supplement Regulation 17.02.02; Procedure A17.02.02

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CONTACT FOR INTERPRETATION: Director of Instructional Technology

Texas A&M University-Commerce
Standard Agreement Form
Technology-Mediated (Web-Based) Instruction

1. The author is developing/has developed materials that fall under this agreement (e.g., on-line courses, learning object, or other materials such as multimedia productions, test-banks, etc.):
____________________________________________________________________________
____________________________________________________________________________

2. Description of university resources that will be or were used to prepare the work:
____________________________________________________________________________
____________________________________________________________________________

3. I was paid a stipend and/or will receive reassigned time for the development of these materials? _____ Yes _____ No

4. If it is determined the faculty/staff member owns the materials, he/she may use the materials with competing entities (i.e., college or universities and/or for-profit institutions) if outside employment procedures (A 31.01) have been followed and required signatures have been obtained.

5. If the faculty/staff member who owns the materials leaves the university, the university retains the right to use the materials for two academic years commencing on the date of departure of the faculty member from the university.

6. The university may contract with the faculty member to teach the course from a distance or may assign another faculty member or adjunct instructor to teach the course.

7. Further use of the materials by the university must be negotiated and a written agreement developed. The Provost and the Director of Instructional Technology and Distance Education must sign all written agreements.

8. In some cases, joint ownership may be established. If so, specific guidelines regarding the distribution of royalties will be determined and approved by the system.

9. The preparation of derivative works will be negotiated at the time of completion of the materials and a separate written agreement form will be prepared by the Director of Instructional Technology and Distance Education and approved by the Provost.

Faculty Member: ___________________________________________  Date: _________
Department Head: __________________________________________  Date: _________
Dean: ____________________________________________________ Date: _________
Director of Instructional Technology: ___________________________     Date: _________
Provost: __________________________________________________ Date: _________