The UA System Board Policy 210.2 governs the issues of copyright and use of technology-enhanced course materials (TECMs). (Please refer to that policy for complete details.) That policy creates a set of categories into which TECMs may be classified to determine who has a right to copyright and use. This document summarizes those categories in order to facilitate the decision-making process regarding any given example of a TECM

"Category I: Totally Faculty or Staff Generated. Creator is entitled to copyright ownership and right to Revenues subject to compliance with Conflict of Interest and Commitment policies."

This category applies when the faculty or staff member constructs the materials using nothing more than university resources usually and customarily provided. These include but may not be limited to office space, library facilities, ordinary access to computers and networks, faculty development workshops, or salary.

The Author owns the copyright and is entitled to receive all revenues for commercialization, subject to the Conflict of Interest and Commitment policies.

"Category II: Minimal University Resources. Creator owns copyright and Revenue rights, subject to compliance with COI and Commitment policies and the University's license rights."

This category applies when the faculty or staff member constructs a TECM with more than the usual university resources. This includes but may not be limited to support staff assistance above and beyond usual departmental clerical assistance, allocation of specialized equipment specifically for the development of the TECM, individual technical support above and beyond typical help desk support, or other types of individualized assistance dedicated for the sole purpose of developing the TECM.

The Author owns the copyright and retains the right to distribute and receive Revenues from the commercialization of the TECM. UALR has a non-exclusive, royalty-free license to use the work as part of its course delivery. This means that UALR can release the TECM to another instructor for the sole purpose of teaching that course. That instructor would need permission from the holder of the copyright to alter those materials and he or she must treat the work like any other copyrighted material.

License Agreement for Category II

"Category III: Substantial University Resources. Creators and University may be joint owners, each with the right to receive Revenues."

This category applies when the faculty or staff member receives an adjustment in workload or additional compensation for the sole purpose of constructing a TECM. Most frequently this would take the form of release time during development or reduced teaching load during the regular academic year. It might take the form of a stipend or extra compensation under special circumstances.

The Author and UALR both own the copyright and agree to share the right to distribute and receive Revenues from the commercialization of the TECM. UALR has a non-exclusive, royalty-free license to use the work as part of its course delivery. This means that UALR can release the TECM to another instructor for the sole purpose of teaching that course. That instructor would need permission from the holder of the copyright to alter those materials and he or she must treat the work like any other copyrighted material.

License Agreement for Category III

"Category IV: Work Made for Hire - University assigns duty to faculty or staff members to develop work. University owns all copyright and Revenue Rights."

A contract exists between the faculty or staff member and UALR to provide a specific TECM product. All copyright and revenue rights belong to UALR. The key difference between this category and Category III is that UALR initiates the request for the development of the product including prescribing the contents of what the TECM should include and how it should be developed.

License Agreement for Category IV

"Category V: Faculty Member Uses Own Work as Part of Course Offering at University. The faculty member is using TECM that he/she created as part of his/her teaching duties at the University. Ownership will be determined by categories one through four."

This category will not apply and will not be used at UALR.

NOTE: Policies regarding conflict of interest, commitment policies, and outside or concurrent employment apply to the development of TECMs just as they do to other university employee activities. Faculty or staff who are considering entering into a contract with another employer to produce TECMs should seek approval in advance through administrative channels.

Approved by UALR Faculty Senate (4/19/02) and Chancellor Hathaway (5/6/02)