© Copyright policies
Having a clear policy:
- Protects the interests of the organization/institution. The organization/institution can be held responsible for copyright infringement by a staff member, particularly when courses are offered commercially. Such guidelines can help provide a basis for a "good-faith" defense in the event that a dispute arises.
- Protects the interests of the faculty/instructor/writer/artist/student. Individual course developers and their managers can also be held personally liable for copyright infringment, and institutions generally must support those who comply with stated policies when a conflict arises. In the case of individual liability for infringement, following such policies can help the individual avoid or mitigate penalties and serve as the basis for a "good-faith" defense.
- Helps deal with issues before a dispute (and a lawsuit) arises. Guidelines can help set a clear understanding and clear expectations regarding the ownership of work that can avoid conflict between the institution/organization and its staff, faculty, and outside contractors. Guidelines and staff education around copyright can also help individual developers avoid infringing on the copyrights of others.
These hold true for both print and electronic publishing efforts. In addition to clear internal policies, organizations and institutions should have clearly stated procedures for requesting permission for the use of copyrighted works and for specifying and contracting for ownership rights in work developed externally.
It is a good idea for an internal copyright policy to be drafted and/or reviewed by a group that represents all interested parties--rather than just the institution's legal department. This may include faculty across different academic disciplines, researchers, staff, students, librarians, administrators, technology staff, and legal staff.
In an academic institution, it is particularly important to have clear guidelines about instructional materials, as these are the materials the insitutions most often feel entitled to claim some sort of ownership of--especially if they are created with the assistance of institutional course-development staff or if the institution has given faculty special time, payment, or other support in creating the materials. Most often, the institution is more interested in being able to continue using the material to deliver other courses--thereby safeguarding their investment in time and resources--than in republishing and profiting from the content through outside publication. On the other hand, faculty most often have an interest in safeguarding their intellectual capital and in retaining the rights to publish and receive royalties for their work. In addition, copyright ownership often serves as an incentive for reseach and scholarship for faculty. For these reasons, some form of joint ownership between faculty and the institution is often an acceptable solution to both parties.
