6275: Employee Created Materials6275: Employee Created Materials holly Mon, 07/15/2019 - 15:50
Materials and intellectual property work created by employees to be used to further the District's educational and instructional mission, are and shall remain the property of the District and the use thereof shall remain subject to the District's Policies and Rules.
The Copyright Act
6275.1: Ownership of Employee Created Materials6275.1: Ownership of Employee Created Materials holly Mon, 07/15/2019 - 15:52
Any and all Employee Materials in any form, (print, non-print and intellectual) created by a District Employee, while employed by the District, and within the scope of their employment shall belong to the District, unless otherwise expressly agreed in writing by way of contractual obligations in an employment agreement.
The following shall apply regarding the above Rule:
I.Intellectual property created within the scope of employment shall mean anything that a District Employee creates which contributes to the job for which that Employee was hired. This is also referred to the "work for hire doctrine."
II.Within the scope of employment shall include, but not be limited to, any and all Employee materials in any form, no matter where or when the Employee created such materials.
III.In the event an employee creates something entirely on personal time, with personal resources, that such employee does not use to teach an assigned District curriculum, such work belongs to the employee alone.
IV.Employee Materials created within the scope of employment may use the District's name, logo and/or building name, only pursuant to the guidelines as established by the District.
V.All Employee Materials created for use on websites shall adhere to the guidelines of accountability as set forth in District Rule 7305.1 and District procedures.
The Copyright Act
6275.2: Open Education Resources - Sharing Copyright Curriculum Materials6275.2: Open Education Resources - Sharing Copyright Curriculum Materials holly Mon, 07/15/2019 - 15:53
District owned copyright materials may be shared and exchanged with other educators inside and outside of the District in accordance with appropriate licenses as provided herein. All District owned copyright material may be shared and exchanged with others within the District. District educators need not seek permission to share or exchange any such employee-developed or created materials within the District. Digital materials which have been created by individuals or entities outside of the District and which are intended to be used by the District or its staff for educational purposes, must comply with copyright laws and/or applicable licensing requirements.
A.The District encourages the open exchange of information, knowledge, educational resources, and education materials throughout the District; and supports the collaborative production of copyright works that are freely made available to all through the use of appropriate licensing. Unless indicated otherwise for specific items or collections of content as designated by the District, all materials which are copyright owned by the District shall be licensed for re-use under the appropriate Creative Commons International License or other similar designated license.
B.All materials created or developed for District-wide use or for specified District programs which the District directed its employee or employees to create, develop or compile during the employees’ contract time or supplemental contract are "works made for hire" and shall remain the property of the District and may be shared throughout the District without restriction. Such materials may also be shared outside the District if properly licensed under an approved Creative Commons International License or other similar license.
C."Teacher Curriculum Materials" means original materials created or developed by a District employee including lesson plans, educator research materials, teaching or instructional activities, teaching strategies or other printed or electronic materials and which are created, developed or compiled by the District employee within the scope of the District employee's employment for use by the District employee. Such material may be shared by the employee outside the District provided that the Teacher Curriculum Materials are licensed by the employee under an appropriate Creative Commons International Attribution, Non-Commercial (CC BY-NC) License. The issuing of the appropriate Creative Commons license, prior to sharing of such original material, shall be the sole responsibility of the person or persons seeking to share or distribute such Teacher Curriculum Materials outside the District. Teacher Curriculum Materials shared or distributed outside the District without the appropriate Creative Commons Attribution, Non-Commercial (CC BY-NC) License are in violation of the District's copyright.
D.The District retains the authority to exclude from Creative Commons International License, or other similar designated license, any educational teaching materials created by employees of the District within the scope of employment which constitutes a "work made for hire." The District shall also have authority to license any copyrightable materials owned by the
E.District under any Creative Commons International License, or similar licensing system as it deems appropriate. The District, with Board approval, may issue a license to any District employee in potentially patentable or copyrightable material developed by the employee during work hours or within the scope of his/her employment or when using District provided resources and may determine the terms of any such license, considering the commercial value of such patentable or copyrightable material and the best interest of the District.Unless otherwise determined by the District, all such District owned copyrighted materials shall allow others to distribute, remix, modify, and build upon such copyrighted digital materials under Creative Commons International Attribution, Non-Commercial (CC BY-NC) License, as long as said user(s) provide attribution for the original creation to the District and comply with any applicable copyright and/or license requirements. All works published or shared outside of the District shall be clearly labeled using the appropriate licensing symbol CC BY-NC requiring attribution to the District for non-commercial use.
F. As used herein, copyrightable works shall include, but not be limited to, all original writings, lectures, musical or dramatic compositions, sound recordings, film, videos and other pictorial or technical reproductions, computer programs, listings, charts, manuals, codes, instructions, software and apps.
The Copyright Act