Policy RA17 COURSEWARE
Contents:
# Purpose
# Definitions
# General
# Policy
# .... Courseware
# .... Courseware Modules
# Implications
# Cross References

PURPOSE:

Penn State recognizes that information technology provides valuable new tools through which faculty can enhance learning for residential courses and extend programs and courses to new students at a distance. The University strongly encourages the involvement of University faculty and staff in computer-based and computer-assisted instruction and in the development of computer-based instructional materials. The purpose of this courseware policy is to provide incentives for the involvement of University personnel in courseware and courseware module development while also protecting the University’s interests in its educational programs and in controlling costs to students.

This document focuses exclusively on copyright policy. Patentable software developed for courseware purposes will be handled under existing patent policy.

DEFINITIONS:

Courseware: For the purposes of this policy "courseware" is defined as a complete substantially computer-based package of content, assessment materials, and structure for interaction that permits a course to be taught without requiring physical access to a student.

In other words, it is a complete course, fully transportable, minus the specific discussions that may occur between faculty and student or among students within a specific offering of the course.

Courseware modules: For the purposes of this policy a "courseware module" is defined as computer-based or substantially computer-based materials intended to enhance or supplement a Penn State residential or on-line course.

• Courseware modules are intended to enhance or supplement, but not replace, traditional classroom instruction.
• It is anticipated that the goal of a substantial fraction of courseware modules will be to provide modest enhancements to existing and evolving courses and that much or most will be provided at no-cost or at the cost of distribution (that is, without royalties) to students in Penn State courses.
• Examples of courseware modules include digitized lectures, demonstrations, or experiments, computer-based or partially computer-based textbooks, software applications, or other instructional materials and course enhancements that support classroom lectures but are not integrated into complete courseware products.

GENERAL:
Courseware and courseware module development must be consistent with the primary obligations of University personnel to teaching, research, and service to the public. Conflict of interest and/or commitment can occur when University personnel develop courseware and courseware modules for personal financial gain rather than for the benefit of their teaching responsibilities at Penn State.

• The sale or use of courseware or courseware modules in areas that substantially compete with Penn State educational programs is not allowed without prior University approval.
• Where necessary, mechanisms whereby potential conflicts will be avoided shall be set forth in a Memorandum-of-Understanding (MOU).
• Requests for approval shall be signed by the University personnel involved in such activities, and forwarded by the appropriate Dean to the Vice President for Research who shall have authority to provide final approval.
• Control and use of University-personnel-initiated courseware modules provided at no-cost or minimal cost will remain with the Penn State author(s).

POLICY:
COURSEWARE:

When the University initiates the development of courseware as part of a University-employed author’s normal duties or as a special project for which extra compensation is provided, it will be considered a commissioned work and the University will own the copyright.

• Commissioned works include, but are not limited to, courseware development specifically assigned or required as part of regular teaching duties.


• The development of commissioned courseware may also be initiated by University personnel who desire financial support or assistance from the University, through the individual’s academic department, college, or an administrative unit, for courseware development.


• The University retains ownership and has legal responsibility for commissioned work and will oversee publication of commissioned courseware.


• Control of commissioned courseware shall rest with the developing department or program.


• A written agreement between the University and commissioned courseware author(s) stating the scope and goals of the work must be signed at the start of the courseware development project.


• The agreement will also establish the extent to which materials may be used in derivative works published outside the University and will also formalize the relationship with authors outside the University (if any) and the procedure for the use of existing materials.


• Should the courseware be distributed beyond the University's programs, the author shall receive 50 percent of the royalties received by the University for the sale or licensing of the work, consistent with University policies.

In some cases, University personnel may initiate the development of courseware independent of a specific commission by the University.

• The University makes no claim to copyright ownership for noncommissioned courseware initiated and completed by University-employed authors, but, for works within the scope of the author’s University employment, will claim the royalty-free nonexclusive right to use such courseware in University programs.


• Whether the work is undertaken for compensation or otherwise, the author has the responsibility to disclose the work to the author's department head/division head or Dean/Campus Executive Officer at the beginning of the development process.


• The University will accept legal responsibility for the use of University-personnel-originated-courseware in University programs; legal and financial responsibility for all other uses will rest with the author.


• Control of noncommissioned courseware used in University programs shall rest with the department or program that exercises the University’s right of use, in consultation with the noncommissioned courseware author.


• On request, the University will provide assistance with copyright issues for University-personnel-owned-courseware used in University Programs through the Computer, Network & Information Security Office.


• The University will not become involved in registering the copyright, but it will make information available to facilitate the author's doing so.


• The sale or use of University-personnel-owned-courseware developed by Penn State personnel in circumstances that substantially compete with Penn State educational programs is not allowed without prior University approval.


• The University will not otherwise interfere with the author’s use of the courseware, and the author may arrange for non-competing use outside the University when this does not represent a conflict of interest or conflict of commitment.

COURSEWARE MODULES:
When the University initiates the development of courseware modules as part of a University-employed author’s normal duties or as a special project for which extra compensation is provided, it will be considered a commissioned work.

• Commissioned works also include courseware module development specifically assigned or required as part of regular teaching duties.
• The development of commissioned courseware may also be initiated by University personnel who desire financial support or assistance from the University, through the individual’s academic department, college, or an administrative unit, for courseware development.
• The University has legal responsibility for commissioned work and will oversee publication of commissioned courseware modules where appropriate.
• Control of commissioned courseware modules shall remain with the developing department or program.
• The University will ensure that proper credit is given to the courseware module author(s).
• It is anticipated that the goal of a substantial fraction of commissioned courseware will be to provide modest enhancements to existing and evolving courses and the University will work to provide such works to students at no cost or minimal cost to the student.
• A written agreement between the University and commissioned courseware module author(s) stating the scope and goals of the work must be signed at the start of the courseware module development project.
• The agreement will also establish the extent to which materials may be used in derivative works published outside the University and will also formalize the relationship with authors outside the University (if any) and the procedure for the use of existing materials.
• As with courseware, if courseware modules are distributed beyond the University's programs, the author shall receive 50 percent of the royalties received by the University for the sale or licensing of the work, consistent with University policies.

The University makes no claim to copyright ownership for non-commissioned courseware modules initiated and completed by University personnel.

• The University will not become involved in registering the copyright, but it will make information available to facilitate the author’s doing so, if that is desired. University personnel using University facilities to make University personnel-owned courseware modules available (for example, Center for Academic Computing servers) should use care to ensure that applicable copyright laws and policies are followed.
• On request, the University will provide copyright issue assistance for University-personnel-owned-courseware used in University Programs through the Computer, Network & Information Security Office. Responsibility for all other uses will remain solely with the University personnel author(s).
• Control of noncommissioned courseware modules used in University programs shall rest with the author.
• Courseware module authors may arrange for use outside the University when this does not represent a conflict of interest or conflict of commitment

IMPLICATIONS:
Courseware and courseware modules have different implications for the University curriculum and raise different issues related to approval for use in academic programs. Because complete courseware products act as course replacements,

• the use of University-personnel-owned-courseware in University educational programs is allowed only under the University’s supervision.
• For works provided at no-cost or minimal cost supervision may be provided at the department level.
• All other works must be published, either through the University, or through an external publisher.
• Generally, this will require transfer of copyright and some or all legal and financial responsibilities.

No-cost University-personnel-owned courseware modules, including course web pages, may be used in University educational programs under the supervision and control of the Penn State author(s).

• University-personnel-owned courseware modules for which student payment is required may be used only under the University’s supervision.
• For works provided at minimal cost such supervision and control may be provided at the department level.
• All other works must be published, either through the University, or through an external publisher.

CROSS REFERENCES:

Other Policies in this Manual may have specific application and should be referred to especially;

HR91 - Conflict of Interest,
RA11 - Patents and Copyrights (Intellectual Property), and
RA12 - Technology Transfer and Entrepreneurial Activity (Faculty Research).

Effective Date: October 5, 2001
Date Approved: October 5, 2001
Published Date: October 5, 2001