Faculty Handbook

H. Intellectual Property

1. Shared Ownership of Course Materials

The rights to web-enhanced and online courses, including all educational materials and information created by faculty and stored in LMS, are property of both the authoring instructor and Rochester University. The authoring instructor may use these materials at other institutions or in other settings at their personal discretion without restrictions from Rochester University.

Rochester University may reuse educational materials and information created by faculty and stored in LMS. This includes allowing other instructors to modify or use course materials, both while the author is still employed by Rochester University, and after termination of employment. The only exception to this policy is recorded instructional material, such as videos of a faculty member. The recorded faculty member shall determine whether the recorded material should be revised or withdrawn from use.

Instructors who use a LMS course shell provided by Rochester University, rather than creating an original shell, forfeit all claims to shared ownership of that particular course.

Exceptions to this policy of shared ownership are materials that are copyright-protected by a third party, and information that is protected under the Family Educational Rights and Privacy Act (i.e., grades, personal student information, etc.).

When practical, as long as the authoring instructor is employed at Rochester University, they will be given first right of refusal for teaching the courses that they have developed online. Exceptions may be made to accommodate scheduling needs or when there are concerns about a faculty member’s ability to teach effectively in an online environment.

These principles of shared ownership also apply to course syllabi for all Rochester University courses, regardless of delivery model.

2. Exclusive Ownership of Course Materials

Occasionally, Rochester University may contract a consultant specifically for the development or co-development of online course content. In these cases, the courses become the exclusive property of Rochester University, including all rights to the intellectual property contained within the courses. The courses may be altered, sold or otherwise used in any matter deemed necessary and appropriate by Rochester University.

3. Research, Publications, and Creative Works

Faculty members are encouraged to publish written works and produce creative and artistic pieces. These works, including books and journal articles, are viewed as property of the author; however, publications, performances, and public displays of art should always acknowledge the author’s relationship with Rochester University.

4. Patents, Software, and Inventions

Every invention that results, even in part, from research or other activities carried out as a result of an employee’s duties on behalf of the University, shall be the property of the University. This includes inventions that are developed with the aid of the University’s facilities, staff, or through funds administered by the University.

There may be instances in which faculty create materials or inventions which would be University property under the terms of this policy, but which the creator believes were created under unique circumstances deserving special consideration.

In such instances, faculty may submit a written petition explaining the exceptional circumstances to the provost, who will review the petition and issue a written determination regarding ownership rights in the material. If this determination is unsatisfactory to the petitioning party, final appeal may be made to the Office of the President of Rochester University.

5. Lectures

Live lectures are considered to be the property of the speaker. Students who receive accommodations have the legal right to record faculty lectures; all other students must obtain permission. Recordings must be used for educational purposes only and cannot be reproduced or posted online.