4.12 Intellectual Property

Title: Intellectual Property
Number: AP 4.12
Adopted: January 2020

Ownership and shared use of curriculum, instructional materials, and related intellectual property

I. Preface

Technological progress in teaching and learning brings challenges of clarity with regard to ownership and use of instructional materials across delivery modes. This policy statement explains and affirms that, unless otherwise specified in a separate agreement, curriculum, instructional materials, and related intellectual property resulting from the expertise and effort of Faculty authors or creators with the support of the College and/or use of College resources will remain available for future use by both the Faculty author and the College.

It is the College’s intent to develop high quality curriculum and instructional materials, and to maintain such materials academically, administratively, and technologically. To that end, the policy establishes guidelines for joint use and College ownership and license of intellectual property made by Faculty authors/creators, and it sets parameters for open access to curriculum and instructional materials.

II. Philosophy

Nicolet College Faculty bring specialized knowledge and skills to their work. The College provides faculty with material resources and professional development to create instructional material. College resources and Faculty expertise are essential to the educational mission of the College. Because of the complementary roles of Faculty and the College in creating curriculum, instructional materials and related intellectual property, a policy of shared use is in the best interest of all, especially students. Moreover, when Faculty leave College employment, both the exiting Faculty and the College should retain open access to the intellectual property as defined in this policy.

III. Definitions and Compliance

Curriculum Work

(a) Curriculum, instructional materials and related intellectual property are defined as courses, course materials, competencies, syllabi, learning objectives; lessons, assignments and projects, instructional materials (such as videos, presentations, communications, notes distributed to students, readings, other media), tests, and other assessments.  Methods, systems and protocols used to organize and teach a competency, course, or program and/or used to measure and report student learning are included. This shared use policy applies to all modes of delivery. Instructor personal notes are excluded.

(b) The College retains copyright ownership of curriculum, instructional materials and related intellectual property made by Faculty authors/creators as employees using College resources.

(c) Curriculum, instructional materials and related intellectual property created for specific courses will be licensed under the Creative Commons Attribution-NonCommercial-ShareAlike License (CC BY-NC-SA) and made permanently available to the Faculty author/creator and Nicolet.

(d) Some materials may incorporate parts of previously authored and/or copyrighted work and some may include links to other copyrighted materials. However, any assemblage or configuration of materials produced with College resources and related to instruction, presentation or assessment is considered curriculum materials and owned by the College.

Commissioned Work

(e) Commissioned courses, course materials, assessments and related intellectual property produced for the College by Faculty under the terms of a written agreement that is separate from and independent of an employment contract is commissioned work. Copyright ownership for commissioned work will be negotiated and specified in a separate written agreement.

Work for Professional Development

(f) Creative or intellectual work developed using Nicolet resources for the purpose of professional development, grants, outside presentations or publications in which the Faculty author/creator represents Nicolet reflect positively on Nicolet’s reputation. Copyright ownership will be handled on a case-by-case basis with the Faculty author/creator and their supervisor. Royalties, fees, or residuals will not be payable to Faculty or to third parties except as may be provided in the terms of a separately negotiated license or contract.

Faculty will meet with their Dean to establish Professional Development. The Dean, in consultation with the Chief Academic Officer, create an agreed upon contract for the faculty.