Assuring Rights of Use of Instructional Materials
VI. General Provisions
6.5 Choice of Forum and Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, and the courts of the State of Indiana
shall have exclusive jurisdiction over all disputes arising hereunder or in connection with the subject matter hereof.
Adopted by the School as of the ______ day of ____________, 20___.
For the School:
Dean, Chair, or Director
Signed: ____________________________
Printed Name: ______________________
Title: _____________________________
Instructor’s Addendum Memorandum of Understanding
Assuring Rights of Use of Instructional Materials The Instructor named below enters into this addendum to the Memorandum of Understanding Assuring Rights of Use of Instructional Materials (the “Agreement”),
previously adopted by the named School, and hereby assents to be bound by the terms of the Agreement as an “Instructor.” In furtherance of the terms of the Agreement, the parties have agreed to the information below:
(See Section 1.1) Description of the “Course Materials” and the Schedule for Delivery:
(See Section 1.2) Funding and Other Support provided to the Instructor:
(See Section 2.2.2) Termination Date, if any, of IU’s Rights:
(See Section 4.2.2) Agreement, if any, Regarding Division of Revenue:
(See Section 4.2.2) Agreement, if any, Regarding Exercise of Management Rights:
Instructor:
Signature: __________________________
Printed Name: _______________________
Date: ______________________________
Approved and Accepted by the School:
Signature: __________________________
Name & Title: _______________________
Date: ______________________________
pdf version
*The current IP Policy provides this definition: “’Instructional materials’ are defined as works, other than institutional works, the primary use of which is for the instruction of students. Such works include textbooks, syllabi, and study guides.” Section 2.a. of the IP Policy provides that IU has no rights to instructional materials “unless such rights are voluntarily transferred by the Creator.” This Agreement is a means of voluntarily transferring some rights to IU. The IP Policy further provides: “’Institutional works’ are defined as works created at the instigation of the University, under the specific direction of the University, for the University’s use, by a person acting within the scope of his or her employment or subject to a written contract.” Section 2.c. of the IP Policy provides that IU
“shall own intellectual property rights in institutional works, except as provided in prior written agreements between the University and the persons who create those works.” The IP Policy further specifies that Creators shall have no rights to any revenue from
institutional works. This Agreement is a means for the parties to make an alternative agreement with respect to rights and revenues as anticipated by the IP Policy. Return to Text.
Revision: November 26, 2002
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The information received from the CMC is not legal advice. Individuals and organizations should consult their own attorneys.
Copyright © 2002-2006 Indiana University
Memorandum of Understanding
Assuring Rights of Use of Instructional Materials Revision: November 26, 2002
This Memorandum of Understanding (“Agreement”) is adopted by the following school or department or other unit (the “School”) within Indiana University Purdue University
Indianapolis (“IUPUI”) or Indiana University (IU):
___________________________________________________________________
A. The School desires to encourage members of its faculty to provide their best quality services for the production of course materials (the “Course Materials”) that may be used in conjunction with one or more courses (the “Course”) to be offered by Indiana University (“IU”) and transmitted to students by various means and at various locations.
B. The parties desire to assure to faculty authors (collectively the “Instructors”) and to IU the ability to use the Course Materials as specified in this Agreement for the advancement of their mutual interests in the best quality education, research, publication, and other scholarly endeavors. This Agreement is especially intended to apply to the work of full-time faculty members; the School may desire other terms applicable to the work of part-time faculty, staff, or contractors.
C. The parties recognize the need to be consistent with the Indiana University
Intellectual Property Policy (the “IP Policy”), adopted by the IU Board of Trustees on May 9, 1997, and with any duly adopted amendments to that policy and other appropriate policies of IU that are binding with respect to the Course Materials. To the extent that the Course Materials are
“Applicable Intellectual Property” as defined under the IP Policy, this Agreement makes no change in the applicability of the IP Policy to such works. This Agreement applies only to those portions of the Course Materials that are not “Applicable Intellectual Property.”
D. The School recognizes that it is a unit of IU and may hold, manage, and exercise any rights accorded to IU under this Agreement, with recognition that it is acting on behalf of the Trustees of IU, and is subject to appropriate actions of the Trustees. The School also recognizes that it should exercise its authority under this Agreement in cooperation with the Instructors, and with the recognition that decisions may directly affect the interests of the Instructors and the integrity of the Course Materials.
E. With respect to rights to the Course Materials held by the Instructors as individuals, they are assenting to the terms of this Agreement, as between the Instructors and IU, including
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any assignment or license of their rights as described in this Agreement. To that end, each participating Instructor shall execute an “Instructor’s Addendum” indicating assent and providing the additional information as specified in this Agreement.
The parties hereby agree as follows:
I. Production of Course Materials
1.1 Description and Purpose. Each participating Instructor shall produce Course Materials as described, and according to the schedule, specified in the Instructor’s Addendum.
For purposes of this Agreement, the Course Materials shall include only those contributions created by the Instructor. This Agreement does not address rights with respect to elements of the Course created by anyone other than the Instructor, including, without limitation, elements created by other staff members of IU or third parties. Rights to such elements of the Course may be governed by applicable law, policy, or other agreement.
1.2 Funding and Other Support. The School shall provide the financial, equipment, staff support, and other resources and benefits, as described in the Instructor’s Addendum, to assist the Instructor in preparing the Course Materials.
II. Rights of Use of the Course Materials
2.1 Instructor’s Rights of Use. The parties to this Agreement anticipate that the Course Materials may be “instructional materials” as defined in the IP Policy, and thus most rights of use will reside with the Instructor; in the alternative, the Course Materials may be “institutional works” as defined in the IP Policy, and thus most rights of use will reside with IU.* Regardless of the policy status of the Course Materials, the parties hereby agree that the Instructors reserve the right to use their individual contributions to such instructional materials, without further consent or approval from IU, in any scholarly or creative works that do not compete directly with IU’s actual or planned use of the Course Materials, subject to any IU policies and procedures as may be in effect from time to time related to such materials and uses. In
particular, the Instructors have the right to use their individual contributions in teaching courses on related topics and in preparing textbooks, journal articles, conference presentations,
consulting projects, and other scholarly works or professional activities. In furtherance of such permitted uses, the Instructors may authorize third parties, including publishers, to act on the
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* The current IP Policy provides this definition: “’Instructional materials’ are defined as works, other than institutional works, the primary use of which is for the instruction of students. Such works include textbooks, syllabi, and study guides.” Section 2.a. of the IP Policy provides that IU has no rights to instructional materials
“unless such rights are voluntarily transferred by the Creator.” This Agreement is a means of voluntarily
transferring some rights to IU. The IP Policy further provides: “’Institutional works’ are defined as works created at the instigation of the University, under the specific direction of the University, for the University’s use, by a person acting within the scope of his or her employment or subject to a written contract.” Section 2.c. of the IP Policy provides that IU “shall own intellectual property rights in institutional works, except as provided in prior written agreements between the University and the persons who create those works.” The IP Policy further specifies that Creators shall have no rights to any revenue from institutional works. This Agreement is a means for the parties to make an alternative agreement with respect to rights and revenues as anticipated by the IP Policy.
Instructors’ behalf.
2.2 University Rights of Use. Subject to the restrictions set forth in this Agreement, IU may use the Course Materials in connection with courses offered by IU (whether credit or non- credit) with enrolled students, and for independent study by enrolled students, whether those students are located at an IU campus or are accessing the Course Materials at another location or through distance education. IU’s rights include the right to reproduce, distribute, perform, display, and transmit the Course Materials and to prepare derivative works based on the Course Materials in furtherance of IU’s allowed uses. In furtherance of such permitted uses, IU may authorize third parties to use the Course Materials on IU’s behalf.
2.2.1 Archival Copies. IU may retain copies of the Course Materials for archival purposes and make them available to students for their study and reinforcement. IU may also make archival copies of the Course Materials available to any persons who have access to the library or other facility at IU where access to such copies will be maintained. IU has no obligation under this Agreement to restrict access to such archival materials. The ability of persons to borrow or to make copies of the Course Materials will be subject to the customary standards of the library or other facility at IU with respect to similar materials.
2.2.2 Time Limit on University Use. Other than rights with respect to archival copies pursuant to Section 2.2.1, the right of IU to use the Course Materials pursuant to this Agreement shall terminate on the date specified in the Instructor’s Addendum. The right of IU to use the materials shall continue until that date, regardless of whether or not the Instructor has remained employed with IU. The parties understand that this termination is based on the parties’
best effort to project the likely viability of the Course Materials for future instruction. The parties may agree in writing at a future date to extend the termination date based on the continuing viability of the Course Materials and the availability of revisions or updates.
III. Instructor’s Rights of Control and Credit
3.1 Quality, Clarity, Currency. The Instructors shall have primary control of the substantive and intellectual content of their respective Course Materials, at the time of their production and during their use by IU, in a manner consistent with standards and traditions of academic freedom. As with the preparation of any other scholarly or creative works, the Instructors shall be expected to deliver accurate and current information. The Instructors are responsible for the clarity and precision and the method of communicating information contained in the Course Materials. IU has no obligation to continue to use any of the Course Materials that do not meet IU’s appropriate standards of quality.
3.2 Procedure for Updates.
3.2.1 In the event that an Instructor becomes aware of the need to produce a supplemental update to the Course Materials, the Instructor shall deliver written notification of such need to the School. Upon delivery of that written notice, the parties shall determine in good faith within forty-five (45) calendar days the extent to which the Instructor may create the
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supplemental materials and the extent of any funding or other resources that will be provided by IU to meet the stated need.
3.2.2 In the event that an Instructor has not sent such notice, but the School recognizes a need to prepare such a supplemental update, then the School may initiate the process by delivering a written notification of such need to the Instructor. Upon delivery of that written notice, the parties shall determine in good faith within forty-five (45) calendar days the extent to which the Instructor may create the supplemental materials and the extent of any funding or other resources that will be provided by IU to meet the stated need.
3.2.3 If the updates provided for in this Section are not completed within the designated time period or do not meet standards of quality and accuracy consistent with the Course Materials overall and the standards of instructional works at IU, then IU may in its discretion and at its expense make such updates as IU deems appropriate. IU may in its discretion continue to use the Course Materials while any updates are pending.
3.2.4 Any and all updates prepared by an Instructor consistent with this Agreement are for purposes of this Agreement deemed to be part of the Course Materials.
3.3 Named Credit. The Instructors shall receive named credit as an author or developer on all copies of their respective Course Materials prepared by or authorized by IU. Each
Instructor has the right to require removal of his or her name from any copies of the Course Materials made or authorized by IU following receipt of written request by the Instructor.
3.4 No Indemnification by the Instructor. The Instructors shall not include in the