AMENDED II���������������������������������������������������������������������������������������� ����������������������������������� November
16-17, 2000
ITEM 109-103-R1100����������������� Board of Regents Policy and Procedures
Manual:� Ownership of Electronic Course
Material� (Proposed New Policy)
Ownership of Electronic Course Material
1.����� General
Policy and Coverage.�
a.�������� Any
electronic course materials created or developed by employees of the Montana
University System, either in connection with their assigned duties or by the
use of the System�s facilities, shall be considered the property of the
University System.� Routine information
gathering relating to the substantive content of a course or the use of the
campus library shall not by itself constitute �use of the System�s facilities�
for purposes of this policy.�
b. ������� This policy
applies to electronic course material whether or not it was, is or may be
eligible for copyright or patent.
c.�������� The mere
communication or preservation of traditional classroom or course
material in an electronic medium does not bring that material within the ambit
of this policy.� Rather, this policy is
intended to cover material created for or designed to be used in conjunction
with a course, or a part thereof, delivered by means other than personal, face
to face interaction between the instructor and the student.��
d.���������� Activities and materials covered by this policy are
thereby excluded from the coverage of Policy 401.2 (Patent) and Policy 401.3
(Copyright).�
2.����� Division
of Income.
a.�����������
Generally, net income shall be divided, 50 percent to the employee and
50 percent to the campus at which the developer is employed.� However, a� A campus shall retain 100% of the net income from
electronic course material developed by an employee at the express direction of
the employer or in return for specified payments or other consideration.� �In all other cases the net income shall be divided, 50 percent to
the employee and 50 percent to the campus at which the developer is employed.�
b.����������� Net income, for the purposes of this policy, means gross income minus costs of development and promotion, realized from the sale or licensing of the electronic course material.
���������������
3.����� Variance
by Contract.�
a.����������� This
policy may be varied by a written contract.�
Such contracts may be between the University System and the employee or
they may also involve an outside sponsor that desires to maintain certain
rights in materials it is paying the University System employee to
develop.�
�b.����������� A campus chancellor or a president
may approve a contract that either reduces the University System�s ownership
rights or reduces the University System�s share of net income if, in the
chancellor or president�s judgment, the contract is in the best interests of
the University System.� In each such
instance where the University System�s ownership rights are reduced or the
University System�s share of net income is reduced to below 50%, the chancellor
or president shall inform the commissioner of the contract and shall indicate
the reason for approving it.�
4.
Relinquishment of University Rights.�
a.���������� The University System may for fair value and upon the
approval of a chancellor or president relinquish rights to electronic course
material to the developer or any other person or entity.� Such a right may be relinquished for no
consideration only if the president or chancellor concludes that there is not a
likelihood of the campus benefiting from the retention of the right in
question.�
b.
Any agreement relinquishing such rights shall retain for the
University System a perpetual,
royalty free right to use,
reproduce, and revise without restriction the material for the University
System�s own educational or research purposes, unless the president or
chancellor concludes that such a clause is not in the campus�s best interests
and documents that conclusion in writing.�
5.������ Patent
and Copyright.� All employees who
develop electronic course material shall assist the University System to secure
and protect a patent or copyright on the material.��������
6.����� �Limitation on Use Outside the University
System.�
a.�������� The
employee who creates or develops the electronic course material subject to this
policy may not use the material in conjunction with teaching conducted on
behalf of any entity other than the Montana University System unless prior
permission is granted in writing by the a campus chancellor, president or the
Commissioner of Higher Education, which permission shall not be unreasonably
withheld.�
b.��������� This
limitation applies to the specific electronic format of the course and does not
limit the employee�s right to use facts, theories, opinions or other items of
substantive course content in another setting.