Common use of Teaching Materials Clause in Contracts

Teaching Materials. The issue of ownership of teaching materials is especially complex when it involves course content and materials which are a product of academic research, and therefore owned by the faculty member, but the presentation of which is significantly contributed to by non-academic personnel of the university from the Centre of Academic Excellence and Innovation and elsewhere, and is therefore to that extent owned by the university. Accordingly, there is particular need for clear policies and procedures to determine who will share in any benefits resulting from the development and commercialization of such intellectual property. Notwithstanding Policy 1.1, the grant of ownership of copyright in teaching materials to the academic personnel who create these materials is limited. Copyright ownership of teaching materials, the creation of which was significantly contributed to by non- academic personnel, is shared equally by the creator(s) and the university. In the event that such teaching materials are commercialized, the provisions of Article 6 will apply. In addition to the provisions of Policy 1.1, the university's grant of copyright ownership in teaching materials shall be subject to the condition that, to the extent the creator(s) have rights in such teaching materials, they shall grant the university a perpetual, non- exclusive, royalty-free, irrevocable license to copy, use and modify such teaching materials in teaching (including distance and continuing education), research and academic activities within the university. The creator(s) shall waive all moral rights in the teaching materials to the extent necessary to exercise such license rights. The creator(s) may, however, after five years discontinue the university's license in the teaching materials due to the content of the teaching materials becoming out-of-date or being inappropriately used by the university. Evidence of the reasons for discontinuance must be provided by the creator to the Associate Xxxxxxx, Research. If the discontinuance is denied by the Associate Xxxxxxx, Research, the creator has the right to appeal such a denial under the provisions of Article 8. Under special circumstances involving creators' rights to the special and proprietary intellectual content of the teaching materials in question, creators have the right to request exemption of some or all of these teaching materials from this provision. If such a request is denied by the Associate Xxxxxxx, Research, the creator has the right to appeal such a denial under the provisions of Article 8.