Pedagogical Works1

1. Definitions

  1. Original Work of Authorship refers to works of authorship that fall within the Copyright Act of 1976, 17 U.S.C. § 101 et seq.
  2. Pedagogical Work means teaching material(s), which are not Directed Works, created by faculty primarily for instruction of university students, and include, but are not limited to, syllabi, curricula, exams, sample exam answers, course materials, lecture notes, slide decks, individual illustrations, video clips, audio clips, class exercises, class assignments, case studies, recorded lectures, and recorded classes.
  3. Directed Work means any Original Work of Authorship agreed upon in writing between the university and faculty author(s)/creator(s), the creation of which is (i) based on a specific request by the university and (ii) which is supported by Significant Use of University Administered Resources.
  4. Significant Use of University Administered Resources means the use of university facilities, equipment, funds, personnel, and other resources that exceeds what is customarily and currently provided to similarly situated colleagues of an author in the author’s department or to similarly situated students enrolled in the same course or college. The following examples are intended for guidance purposes only and do not exclude other uses that may be considered significant:
    1. Use of specialized services or facilities such as equipment, production facilities, service laboratories, studios, specialized computing resources or facilities, wherein fees normally required for access or use are waived.
    2. Use of financial or other support, including reduction in levels of teaching, service, or other typical university activities (e.g., course load, student advising responsibilities, department meetings, office hours, administrative responsibilities) for the creation of an Original Work of Authorship that exceeds the typical supplemental pay and offloading from regular duties.
    3. Use of university personnel (including secretarial, clerical, and administrative staff) and research assistants beyond the level customarily provided to all university faculty and departments.
    4. Use of university proprietary property that serves as a significant basis for the resulting Original Work of Authorship
    5. The university shall not consider use of facilities, equipment, funds, personnel and other resources to be significant if the university makes them generally available to the university community, provided that such use is not in excess of the amount normally provided.

2. Use of Pedagogical Works

The decision to use Pedagogical Works in any form resides with the individual faculty member responsible for the instructional sequences under consideration and the faculty member’s department

3. Objectives and Content

The objectives and content of Pedagogical Works for courses and programs are the responsibility of the faculty member developing the instructional sequences and the faculty member’s department. Suggestions, criticisms, and major revisions may be proposed by university faculty or staff members outside of the faculty member’s department, but only in an advisory capacity.

4. University Support for Pedagogical Works and Directed Works

The University may withhold or, after reasonable notice, withdraw its support from the development, production, or implementation of an instructional method, device, or system whose design its authorized officials consider inadequate to achieve the proposed objectives or to carry the proposed content.

5. Academic Credit

Decisions concerning the award of academic credit (how much, if any) for courses offered by means of various Pedagogical Works are the responsibility of the faculty of the College in which the students are enrolled.

6. Authorship and Attribution

Appropriate authorship or other credits should be given to any faculty or staff member who substantially assists the development or production of Pedagogical Works.

7. Ownership of Pedagogical Works

In accordance with US Copyright laws, ownership of Pedagogical Works which are not Directed Works resides with the faculty author(s), who hereby grant to the University a non-exclusive, limited, royalty-free, non-transferrable, and nonsublicensable license for reasonable academic use for the not-for-profit educational purposes of the University during the author’s employment by the University, and, for up to six months after the author(s) separation from the university, of the following Pedagogical Works: syllabi, curricula, and class assignments. Reasonable academic use includes permission from the author(s) to use such course materials, but not to publish or commercialize them. The author(s) hereby grant to the University a non-exclusive, perpetual, irrevocable, royalty-free, nontransferrable, and non-sublicensable license to keep copies of Pedagogical Works in any format for archiving purposes only.

8. Ownership of Directed Works

Unless otherwise stated by written agreement, Directed Works developed with Significant Use of University Administered Resources are the property of the university. A written agreement must be executed between the University and the cooperating faculty before the development of the Directed Work. The purpose of such agreements should be to facilitate the free flow of ideas and information and the maximum utilization of such Directed Works. The agreement should address the following where relevant:

  1. the portion of the normal academic load of the faculty member to be
    committed to the project;
  2. authorship or other credits;
  3. arrangements for the sale, lease and gratuitous lending of the media;
  4. royalty payments from net income derived from the marketing of the media;
  5. provisions for subsequent use, revision, or withdrawal of the media; and
  6. provisions for arbitration of unresolved issues.
  1. Endorsed by Faculty Senate 23 April 2025. This policy applies to any University employee engaged in these activities.