What works are included under the policy
Some questions to consider in developing an intellectual property policy are:
• What works are included under the policy (e.g., artworks, writings, software, course learning objects, PowerPoint slides, podcasts)?
• To whom does the policy apply (e.g., all employees, professors, researchers, postdoctoral fellows, administrators, students)?
• Under what circumstances does the school own the materials? Under what circumstances does the faculty member own the materials? Can there be joint ownership? Is this a work for hire or within the scope of the faculty member’s employment?
• What institutional resources did the faculty member use to create the materials?
• What key words should the policy clearly define?
• Is there a clear, definitive written agreement between the faculty member and the institution as to ownership and rights?
• Who is responsible for obtaining copyrights, trademarks, etc.?65,66
Family Educational Rights and Privacy Act
The Family Educational Rights and Privacy Act (FERPA) is a federal law that requires colleges and universities to give 533students access to their educational records. Colleges and universities must maintain the confidentiality of personally identifiable educational records. See www.ed.gov/policy/gen/guid/fpco/ferpa/index.html for the U.S. Department of Education’s summary of FERPA. While distance education courses were not a direct concern to those who wrote the FERPA rules, any time a faculty member or a university generates student information electronically, you must take precautions.
Consider the following guidelines for distance education and student records: