Approved by the
Faculty Council on
Approved by the
General Faculty on
Approved by the
State Board of Regents on
For further information contact the Vice-President for Academic Affairs or the Iowa State University Research Foundation, Inc.
Policy Statement Of
development of educational materials is a natural and desirable output of
intellectual activity. The creation of educational materials, such as
textbooks, by the faculty, staff and students at
of such works has come about through the extra effort expended by faculty and
staff members who concurrently have satisfied their normal employment
commitments with the University to teach, do research, or carry out
administrative functions. The works created have been due to the efforts of one
individual (or a small informal group), with the University providing
encouragement and support through the unrestricted use of the employee’s
office, library facilities, assistance in the preparation of graphs and charts,
minor secretarial assistance and other similar services to assist in the
production of the work. Faculty improvement leaves have been, and continue to
be, granted to faculty where the desire of the grantee has been to create a
written work. Such expressions of ideas through the written word result in
manuscripts which are, under
Through years of development and trial, the freedom to create such works, and the encouragement by the University for faculty and staff members to do so, has resulted in the desirable practice described above.
practice has come to be known as the "traditional textbook policy" at
of advancing technology, and the recognition of the value of audio and visual aids
in education, new forms of educational materials have come into existence at
On the other hand, these new forms of educational materials, due to their nature, require a more substantial level of direct support by the University to allow their creation.
The new technologies involved require not only the initial creative effort of an author, but often the additional services of a variety of specialists, equipment and production facilities. The cost of such services and facilities to adapt the author’s creative effort into a desired medium may be substantial, and require the expenditure of significant University funds by a college or department. It is also true that the author must spend extra time and effort, and even learn new skills, to assure that a high quality final educational product will result.
In the production of these new forms of educational materials, the proportional investment of time and money by the author and the University varies substantially from that involved under the "traditional textbook policy."
Accordingly, one purpose of this document is to set forth an equitable basis for voluntary agreement between the University and prospective authors (faculty and staff members employed in the variety of departments and colleges at the University) when educational materials are to be developed for internal and external use. It is a further purpose of this document to structure a practical mechanism for the implementation of such agreements, to the benefit of all parties involved.
It is possible that textbooks could be developed under this policy, but in a manner different from the "traditional textbook policy." In such a situation, and with the expressed and voluntary written agreement of the faculty or staff member, the University might desire to have a textbook written to meet an educational need, employing the faculty member on a release time basis to write the needed text. In such a situation, this policy would be used to provide a mechanism for the equitable distribution of income from the sale of the text to others.
policy is not intended to be retrospective, or to lay any claim to works
developed in the past under traditional or nontraditional ways. This policy is
prospective. It is somewhat flexible and open to interpretation purposely in
some aspects, since not all situations can be anticipated. But above all, it is
a basis for voluntary agreement on an equitable basis for meeting
new and changing demands for superior educational materials–a common goal of
every employee of
2. The University encouragement is provided by assistance in the preparation of such materials (through salary support, stenographic services, materials and supplies, art work, filming and other services) as authorized by the appropriate administrative officer(s).
University recognizes the vested rights of an author under
4. Individuals preparing or planning to prepare educational materials are encouraged to clarify whether the materials are covered by this policy through consultation with the appropriate Department Head and Dean.
5. In cases in which a prospective author wishes to receive support from the University in a proposed development of educational materials covered by this document, the University will enter into an agreement with the prospective author prior to the development of the University-sponsored educational materials setting forth the extent of support, if any, associated with their development and providing for payment to the author and/or the distribution of earnings, if any should accrue from the use, rental, royalties or sale of the educational materials.
6. Monies in excess of costs and appropriate reserves that are received from use, rental, royalties or sale of the University-sponsored educational materials shall accrue to the benefit of the University, with the author receiving by prior agreement a specified portion of the net income. However, the author may receive a share of first receipts.
7. Operational responsibility for University-sponsored educational materials is vested in the appropriate Deans or their designated representatives.
1. "Educational materials" includes written, reproduced, or other designated audio-visual aids, including study notes, guides, texts, syllabi, bibliographies, tests, films, film strips, slides, charts, transparencies, video and audio recordings or broadcasts, and programmed instructional media or other materials.
2. "Author" includes faculty or staff members responsible for creation of educational materials, but shall not include those employees whose primary function in employment is writing, producing, or assisting in the creation of educational materials unless they are also a contributing author. Students may be included in special cases, but only through their express written agreement with the University.
3. "University sponsorship" means the University has made a substantial contribution by providing equipment, materials, funds or services for the production of educational materials or has provided release time for such production.
1. When the production of educational materials by University sponsorship as defined in Article B is contemplated, the author shall enter into an agreement with the University through the appropriate Dean regarding the use and/or sale of the materials developed. The agreement should be based upon the same general principles that are applicable to patents, specifying the appropriate share of net income, if any, and initial royalty payment based on sales, if any, to the author.
1. Ownership and Assignment
All rights to intellectual properties (properties based on
intellectual activities of faculty, staff and students of
In return for any significant direct or indirect sponsorship by the University of the creation or production of educational materials, and with the recommendation of the appropriate Dean, the author shall assign his or her rights to the Iowa State University Research Foundation or similar nonprofit organizations for management of requirements relating to copyright, use or sale of educational materials.
2. Internal Use
Internal use of educational materials may be by any unit of the University for instruction or education including teaching, research, extension and service in the public interest, but such use requires approval of the department and college primarily responsible for the materials. Approval by the author for internal use is implied in the procedures by which the departments and colleges schedule courses and assign duties.
3. External Use
External use of educational materials is by other than a unit of the University; i.e., other educational institutions, government or nonprofit institutions, and lease or contractual agreements for commercial or other distribution of the materials.
Educational materials can be used for external use only with the consent of the author. Licensing or sale of University-sponsored materials shall be according to the written agreement outlined in Article C.
4. Time Limitations and Provisions
Unless otherwise specified, approval for internal use by the University will be for a three-year period, called the consent period. Revisions in the material may be made at any time if mutually agreed upon; however, at the end of the consent period the author may request a review of the material to determine whether the material shall continue to be used, until such a request is made by the author an implied consent period will continue.
If either party wishes the material withdrawn, and
revision is not feasible, the material will be withdrawn from use and any
copyrights shall be reassigned to the author. However, the name of the
University, or reference to the University, must be deleted from such works
before other use is made of them, unless an agreement to the contrary is
negotiated. If a staff member terminates employment with
When University-sponsored educational materials are prepared primarily for internal use, and used only internally, no additional compensation or remuneration for their production will normally be granted. The University will, however, recognize through established policies and procedures the faculty member’s additional effort in the preparation of the materials.
When University-sponsored educational materials are made available for external use, the University may arrange for sale or use in accord with the previously developed agreement (Article C).
6. Non-University Funding
When the University administers, under a grant or contract, funds provided by non-University agencies for the production of educational materials, the University may enter into agreements with the funding agency recognizing rights, in whole or in part, to the ownership and use of the materials produced. The author, before using such funds, must agree to be bound by the terms and conditions of such agreements.
1. The Vice-President for Academic Affairs shall appoint a committee on University-sponsored educational materials with not fewer than seven members, a majority of whom shall be chosen from the faculty.
2. The committee on sponsored educational materials shall advise the Vice-President for Academic Affairs on interpretations and applications of policy, and periodically shall review the policy set forth in this and succeeding statements and recommend needed changes. Changes shall become effective upon approval by the appropriate bodies. Policy interpretations may be issued by the Vice-President for Academic Affairs in implementing this policy.
3. The Vice-President for Academic Affairs shall make this policy known to all faculty members, staff members and administrative officers of the University by publication in the Faculty Handbook. Significant changes shall be promptly communicated to faculty, staff, and administrative officers.
4. The Vice-President for Academics Affairs shall appoint annually an arbitration committee of five members, no less than three of whom shall be members of the faculty, to arbitrate any disputes arising under this policy. The committee shall meet on the call of the Vice-President for Academic Affairs. The committee shall also be charged with formulating its operating procedures and for informing the faculty, staff, and administrative officers of these procedures.
1. In the case of unresolved disputes arising under agreements subject to this policy, such disputes shall be referred to the educational materials arbitration committee for determination.