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.�������� 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.�������� 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 fee 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.�
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.