What are my rights to control curriculum and other works produced while I am a faculty member at the UC?  Do I retain copyright to these works? 

The AAUP/UC contract does not directly address issues of copyright and curriculum or other works produced by faculty. The issue is addressed, however, by the University’s Copyright Policy (see http://www.uc.edu/trustees/rules/RuleDetail.asp?ID=84), which is incorporated by reference in Article 34.2 of the contract. 

This policy does not change the traditional relationship between the University and authors of textbooks and other scholarly and artistic works. Unless the production of such materials is subject to paragraphs (B)(2) to (B)(4) of this rule, the University disclaims ownership of copyrights in textbooks, monographs, papers, articles, musical compositions, works of art and artistic imagination, unpublished manuscripts, dissertations, theses, popular nonfiction, novels, poems and the like that are created by its faculty, staff and students. 

The major exceptions are: (1) materials whose production involve use of “significant University resources.”  Significant resources would not  normally involve such things as office and library facilities, clerical support, data processing and word processing, or use of storage space; or (2) materials expected to generate revenue—for these, a prior written copyright agreement should be executed to clarify ownership rights to future use and income. 

Faculty members unable to resolve concerns in the department or college should consult the AAUP staff, and may need to consult the Vice President for Research to determine whether a written copyright agreement is needed. 

The AAUP’s long-standing principles on this issues are described in Donna Euben’s “Distance Learning and Intellectual Property: Ownership and Related Faculty Rights and Responsibilities” (see AAUP website at http://www.aaup.org/Legal/info%20outlines/legdl.htm).

For more details about these issues, see Howard Tolley's "Who Owns Course Material on Blackboard?" (Insights 1.1, February 3, 2006).

We will continue to add new material to this section as questions arise with regard to online course material and "side contracts" covering revenue generating projects, both of which are now becoming much more common at UC.

 

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