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Whose Intellectual Property is an Online Course

  • 1.  Whose Intellectual Property is an Online Course

    Posted 09-01-1998 02:39
    An article in the June 5, 1998 issue of the Chronicle of Higher Education
    http://chronicle.com/colloquy/98/ownership/background.shtml
    reported efforts by Universities to deal with the thorny issue of
    intellectual property right involved in Online courses. It said that
    Professors may be sitting on a "gold mine" in the form of marketable value
    contained in online courses. A significant number of universities are now
    realizing this and enacting policies that say that if a course was developed
    on University equipment, using University time, and resides on University
    Web servers, then the intellectual property in it belongs to the University,
    NOT to the faculty who developed or teaches the course.

    Ofcourse all types of faculty organizations are up in arms about this,
    arguing that the intellectual property rights for online courses, should be
    retained by Faculty or at least shared by them. Most copyright lawyers say
    that this battle is just getting started, and is expected to be long and
    bloody.

    In the mean time how is a faculty member supposed to protect his/her
    interests? Perhaps one solution may be for faculty to keep their online
    courses on private server space instead of on their university's server and
    develop it on their own computers and time!. Do you have other solution
    ideas? I would like to hear them.

    David Ford
    Environmental Intelligence, Inc.



    ************************************************
    Dr. Paul Shrivastava
    Howard I. Scott Professor of Management, Bucknell University
    and Environmental Intelligence, Inc.
    Tel: 717- 523-0030; Fax: 717-523-0067
    Mail: 425 Pheasant Ridge Road, Lewisburg, PA 17837, USA
    http://www.esocrates.com
    **************************************************


  • 2.  Whose Intellectual Property is an Online Course

    Posted 09-01-1998 10:14
    I feel that the material developed for an on-line
    course is the intellectual property of the faculty
    member. He or she is the creator and is entitled to
    copyright protection. If the material is
    commercialized and sold, the University (employer)
    may have a right to share in the proceeds if the
    material was developed on University time using
    University equipment. It seems to me that reasonable
    percentages could be worked out by the parties. Paul
    J. Guglielmino, Associate Professor of Management.





    ---Paul Shrivastava <socrates@ENVIRONMENTALINTEL.COM>
    wrote:
    >
    > An article in the June 5, 1998 issue of the
    Chronicle of Higher Education
    >
    http://chronicle.com/colloquy/98/ownership/background.shtml
    > reported efforts by Universities to deal with the
    thorny issue of
    > intellectual property right involved in Online
    courses. It said that
    > Professors may be sitting on a "gold mine" in the
    form of marketable value
    > contained in online courses. A significant number
    of universities are now
    > realizing this and enacting policies that say that
    if a course was developed
    > on University equipment, using University time, and
    resides on University
    > Web servers, then the intellectual property in it
    belongs to the University,
    > NOT to the faculty who developed or teaches the
    course.
    >
    > Ofcourse all types of faculty organizations are up
    in arms about this,
    > arguing that the intellectual property rights for
    online courses, should be
    > retained by Faculty or at least shared by them.
    Most copyright lawyers say
    > that this battle is just getting started, and is
    expected to be long and
    > bloody.
    >
    > In the mean time how is a faculty member supposed
    to protect his/her
    > interests? Perhaps one solution may be for faculty
    to keep their online
    > courses on private server space instead of on their
    university's server and
    > develop it on their own computers and time!. Do
    you have other solution
    > ideas? I would like to hear them.
    >
    > David Ford
    > Environmental Intelligence, Inc.
    >
    >
    >
    > ************************************************
    > Dr. Paul Shrivastava
    > Howard I. Scott Professor of Management, Bucknell
    University
    > and Environmental Intelligence, Inc.
    > Tel: 717- 523-0030; Fax: 717-523-0067
    > Mail: 425 Pheasant Ridge Road, Lewisburg, PA 17837,
    USA
    > http://www.esocrates.com
    > **************************************************
    >

    _________________________________________________________
    DO YOU YAHOO!?
    Get your free @yahoo.com address at http://mail.yahoo.com


  • 3.  Whose Intellectual Property is an Online Course

    Posted 09-01-1998 20:17
    Hi,

    Even if the material is absolutely the property
    of the professor who developed it, how does he or
    she protect it from being used illicitly by anyone
    else, or even sold by anyone else? Lawsuits cost
    a fortune.

    Jim Dobbins


    Paul Guglielmino wrote:
    >
    > I feel that the material developed for an on-line
    > course is the intellectual property of the faculty
    > member. He or she is the creator and is entitled to
    > copyright protection. If the material is
    > commercialized and sold, the University (employer)
    > may have a right to share in the proceeds if the
    > material was developed on University time using
    > University equipment. It seems to me that reasonable
    > percentages could be worked out by the parties. Paul
    > J. Guglielmino, Associate Professor of Management.
    >
    > ---Paul Shrivastava <socrates@ENVIRONMENTALINTEL.COM>
    > wrote:
    > >
    > > An article in the June 5, 1998 issue of the
    > Chronicle of Higher Education
    > >
    > http://chronicle.com/colloquy/98/ownership/background.shtml
    > > reported efforts by Universities to deal with the
    > thorny issue of
    > > intellectual property right involved in Online
    > courses. It said that
    > > Professors may be sitting on a "gold mine" in the
    > form of marketable value
    > > contained in online courses. A significant number
    > of universities are now
    > > realizing this and enacting policies that say that
    > if a course was developed
    > > on University equipment, using University time, and
    > resides on University
    > > Web servers, then the intellectual property in it
    > belongs to the University,
    > > NOT to the faculty who developed or teaches the
    > course.
    > >
    > > Ofcourse all types of faculty organizations are up
    > in arms about this,
    > > arguing that the intellectual property rights for
    > online courses, should be
    > > retained by Faculty or at least shared by them.
    > Most copyright lawyers say
    > > that this battle is just getting started, and is
    > expected to be long and
    > > bloody.
    > >
    > > In the mean time how is a faculty member supposed
    > to protect his/her
    > > interests? Perhaps one solution may be for faculty
    > to keep their online
    > > courses on private server space instead of on their
    > university's server and
    > > develop it on their own computers and time!. Do
    > you have other solution
    > > ideas? I would like to hear them.
    > >
    > > David Ford
    > > Environmental Intelligence, Inc.
    > >
    > >
    > >
    > > ************************************************
    > > Dr. Paul Shrivastava
    > > Howard I. Scott Professor of Management, Bucknell
    > University
    > > and Environmental Intelligence, Inc.
    > > Tel: 717- 523-0030; Fax: 717-523-0067
    > > Mail: 425 Pheasant Ridge Road, Lewisburg, PA 17837,
    > USA
    > > http://www.esocrates.com
    > > **************************************************
    > >
    >
    > _________________________________________________________
    > DO YOU YAHOO!?
    > Get your free @yahoo.com address at http://mail.yahoo.com


  • 4.  Whose Intellectual Property is an Online Course

    Posted 09-01-1998 21:13
    Well no offence that is what a patten is for to stop that sort of thing

    Check Out the Following:http://www.geocities.com/SouthBeach/Tidepool/4615
    http://www.Talkcity.com/GardenWay/grandpa
    willie.1321.turtle@juno.com
    We Can Make A Difference,Just By Being Ourselves and Reaching for the
    Goals We
    Want to Get
    On Tue, 1 Sep 1998 20:17:28 -0400 Jim Dobbins <jdobbins@NISHANET.COM>
    writes:
    >Hi,
    >
    >Even if the material is absolutely the property
    >of the professor who developed it, how does he or
    >she protect it from being used illicitly by anyone
    >else, or even sold by anyone else? Lawsuits cost
    >a fortune.
    >
    >Jim Dobbins
    >
    >
    >Paul Guglielmino wrote:
    >>
    >> I feel that the material developed for an on-line
    >> course is the intellectual property of the faculty
    >> member. He or she is the creator and is entitled to
    >> copyright protection. If the material is
    >> commercialized and sold, the University (employer)
    >> may have a right to share in the proceeds if the
    >> material was developed on University time using
    >> University equipment. It seems to me that reasonable
    >> percentages could be worked out by the parties. Paul
    >> J. Guglielmino, Associate Professor of Management.
    >>
    >> ---Paul Shrivastava <socrates@ENVIRONMENTALINTEL.COM>
    >> wrote:
    >> >
    >> > An article in the June 5, 1998 issue of the
    >> Chronicle of Higher Education
    >> >
    >> http://chronicle.com/colloquy/98/ownership/background.shtml
    >> > reported efforts by Universities to deal with the
    >> thorny issue of
    >> > intellectual property right involved in Online
    >> courses. It said that
    >> > Professors may be sitting on a "gold mine" in the
    >> form of marketable value
    >> > contained in online courses. A significant number
    >> of universities are now
    >> > realizing this and enacting policies that say that
    >> if a course was developed
    >> > on University equipment, using University time, and
    >> resides on University
    >> > Web servers, then the intellectual property in it
    >> belongs to the University,
    >> > NOT to the faculty who developed or teaches the
    >> course.
    >> >
    >> > Ofcourse all types of faculty organizations are up
    >> in arms about this,
    >> > arguing that the intellectual property rights for
    >> online courses, should be
    >> > retained by Faculty or at least shared by them.
    >> Most copyright lawyers say
    >> > that this battle is just getting started, and is
    >> expected to be long and
    >> > bloody.
    >> >
    >> > In the mean time how is a faculty member supposed
    >> to protect his/her
    >> > interests? Perhaps one solution may be for faculty
    >> to keep their online
    >> > courses on private server space instead of on their
    >> university's server and
    >> > develop it on their own computers and time!. Do
    >> you have other solution
    >> > ideas? I would like to hear them.
    >> >
    >> > David Ford
    >> > Environmental Intelligence, Inc.
    >> >
    >> >
    >> >
    >> > ************************************************
    >> > Dr. Paul Shrivastava
    >> > Howard I. Scott Professor of Management, Bucknell
    >> University
    >> > and Environmental Intelligence, Inc.
    >> > Tel: 717- 523-0030; Fax: 717-523-0067
    >> > Mail: 425 Pheasant Ridge Road, Lewisburg, PA 17837,
    >> USA
    >> > http://www.esocrates.com
    >> > **************************************************
    >> >
    >>
    >> _________________________________________________________
    >> DO YOU YAHOO!?
    >> Get your free @yahoo.com address at http://mail.yahoo.com
    >

    _____________________________________________________________________
    You don't need to buy Internet access to use free Internet e-mail.
    Get completely free e-mail from Juno at http://www.juno.com
    Or call Juno at (800) 654-JUNO [654-5866]


  • 5.  Whose Intellectual Property is an Online Course

    Posted 09-02-1998 09:51
    Hi Wilbur,

    Assuming you meant patent, not patten, I don't believe
    you can get a patent on a lesson like that. I don't
    think it is not a prer subject. You can copyright it,
    but if someone changes a requisite percent, then the
    copyright cases to hold.

    Jim Dobbins


    Wilbur A Burton wrote:
    >
    > Well no offence that is what a patten is for to stop that sort of thing
    >
    > Check Out the Following:http://www.geocities.com/SouthBeach/Tidepool/4615
    > http://www.Talkcity.com/GardenWay/grandpa
    > willie.1321.turtle@juno.com
    > We Can Make A Difference,Just By Being Ourselves and Reaching for the
    > Goals We
    > Want to Get
    > On Tue, 1 Sep 1998 20:17:28 -0400 Jim Dobbins <jdobbins@NISHANET.COM>
    > writes:
    > >Hi,
    > >
    > >Even if the material is absolutely the property
    > >of the professor who developed it, how does he or
    > >she protect it from being used illicitly by anyone
    > >else, or even sold by anyone else? Lawsuits cost
    > >a fortune.
    > >
    > >Jim Dobbins
    > >
    > >
    > >Paul Guglielmino wrote:
    > >>
    > >> I feel that the material developed for an on-line
    > >> course is the intellectual property of the faculty
    > >> member. He or she is the creator and is entitled to
    > >> copyright protection. If the material is
    > >> commercialized and sold, the University (employer)
    > >> may have a right to share in the proceeds if the
    > >> material was developed on University time using
    > >> University equipment. It seems to me that reasonable
    > >> percentages could be worked out by the parties. Paul
    > >> J. Guglielmino, Associate Professor of Management.
    > >>
    > >> ---Paul Shrivastava <socrates@ENVIRONMENTALINTEL.COM>
    > >> wrote:
    > >> >
    > >> > An article in the June 5, 1998 issue of the
    > >> Chronicle of Higher Education
    > >> >
    > >> http://chronicle.com/colloquy/98/ownership/background.shtml
    > >> > reported efforts by Universities to deal with the
    > >> thorny issue of
    > >> > intellectual property right involved in Online
    > >> courses. It said that
    > >> > Professors may be sitting on a "gold mine" in the
    > >> form of marketable value
    > >> > contained in online courses. A significant number
    > >> of universities are now
    > >> > realizing this and enacting policies that say that
    > >> if a course was developed
    > >> > on University equipment, using University time, and
    > >> resides on University
    > >> > Web servers, then the intellectual property in it
    > >> belongs to the University,
    > >> > NOT to the faculty who developed or teaches the
    > >> course.
    > >> >
    > >> > Ofcourse all types of faculty organizations are up
    > >> in arms about this,
    > >> > arguing that the intellectual property rights for
    > >> online courses, should be
    > >> > retained by Faculty or at least shared by them.
    > >> Most copyright lawyers say
    > >> > that this battle is just getting started, and is
    > >> expected to be long and
    > >> > bloody.
    > >> >
    > >> > In the mean time how is a faculty member supposed
    > >> to protect his/her
    > >> > interests? Perhaps one solution may be for faculty
    > >> to keep their online
    > >> > courses on private server space instead of on their
    > >> university's server and
    > >> > develop it on their own computers and time!. Do
    > >> you have other solution
    > >> > ideas? I would like to hear them.
    > >> >
    > >> > David Ford
    > >> > Environmental Intelligence, Inc.
    > >> >
    > >> >
    > >> >
    > >> > ************************************************
    > >> > Dr. Paul Shrivastava
    > >> > Howard I. Scott Professor of Management, Bucknell
    > >> University
    > >> > and Environmental Intelligence, Inc.
    > >> > Tel: 717- 523-0030; Fax: 717-523-0067
    > >> > Mail: 425 Pheasant Ridge Road, Lewisburg, PA 17837,
    > >> USA
    > >> > http://www.esocrates.com
    > >> > **************************************************
    > >> >
    > >>
    > >> _________________________________________________________
    > >> DO YOU YAHOO!?
    > >> Get your free @yahoo.com address at http://mail.yahoo.com
    > >
    >
    > _____________________________________________________________________
    > You don't need to buy Internet access to use free Internet e-mail.
    > Get completely free e-mail from Juno at http://www.juno.com
    > Or call Juno at (800) 654-JUNO [654-5866]


  • 6.  Whose Intellectual Property is an Online Course

    Posted 09-02-1998 10:52
    Wouldn't this be basically the same thing as "work for hire" in a corporate
    setting? Anything created as part of your job, which you are paid for, the
    company which pays you for that work is granted copyright for it. Wouldn't
    the same apply in the school setting?
    -Amy Roszak
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Amy Roszak, Director of Training
    Strategic Planning and Organizational Development
    PHEAA
    Harrisburg, PA
    email: aroszak@pheaa.org
    http://www.pheaa.org
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    -----Original Message-----
    From: Jim Dobbins <jdobbins@NISHANET.COM>
    To: MG-ED-DV@MAELSTROM.STJOHNS.EDU <MG-ED-DV@MAELSTROM.STJOHNS.EDU>
    Date: Wednesday, September 02, 1998 9:41 AM
    Subject: Re: [MG-ED-DV] Whose Intellectual Property is an Online Course


    >Hi Wilbur,
    >
    >Assuming you meant patent, not patten, I don't believe
    >you can get a patent on a lesson like that. I don't
    >think it is not a prer subject. You can copyright it,
    >but if someone changes a requisite percent, then the
    >copyright cases to hold.
    >
    >Jim Dobbins
    >
    >
    >Wilbur A Burton wrote:
    >>
    >> Well no offence that is what a patten is for to stop that sort of thing
    >>
    >> Check Out the Following:http://www.geocities.com/SouthBeach/Tidepool/4615
    >> http://www.Talkcity.com/GardenWay/grandpa
    >> willie.1321.turtle@juno.com
    >> We Can Make A Difference,Just By Being Ourselves and Reaching for the
    >> Goals We
    >> Want to Get
    >> On Tue, 1 Sep 1998 20:17:28 -0400 Jim Dobbins <jdobbins@NISHANET.COM>
    >> writes:
    >> >Hi,
    >> >
    >> >Even if the material is absolutely the property
    >> >of the professor who developed it, how does he or
    >> >she protect it from being used illicitly by anyone
    >> >else, or even sold by anyone else? Lawsuits cost
    >> >a fortune.
    >> >
    >> >Jim Dobbins
    >> >
    >> >
    >> >Paul Guglielmino wrote:
    >> >>
    >> >> I feel that the material developed for an on-line
    >> >> course is the intellectual property of the faculty
    >> >> member. He or she is the creator and is entitled to
    >> >> copyright protection. If the material is
    >> >> commercialized and sold, the University (employer)
    >> >> may have a right to share in the proceeds if the
    >> >> material was developed on University time using
    >> >> University equipment. It seems to me that reasonable
    >> >> percentages could be worked out by the parties. Paul
    >> >> J. Guglielmino, Associate Professor of Management.
    >> >>
    >> >> ---Paul Shrivastava <socrates@ENVIRONMENTALINTEL.COM>
    >> >> wrote:
    >> >> >
    >> >> > An article in the June 5, 1998 issue of the
    >> >> Chronicle of Higher Education
    >> >> >
    >> >> http://chronicle.com/colloquy/98/ownership/background.shtml
    >> >> > reported efforts by Universities to deal with the
    >> >> thorny issue of
    >> >> > intellectual property right involved in Online
    >> >> courses. It said that
    >> >> > Professors may be sitting on a "gold mine" in the
    >> >> form of marketable value
    >> >> > contained in online courses. A significant number
    >> >> of universities are now
    >> >> > realizing this and enacting policies that say that
    >> >> if a course was developed
    >> >> > on University equipment, using University time, and
    >> >> resides on University
    >> >> > Web servers, then the intellectual property in it
    >> >> belongs to the University,
    >> >> > NOT to the faculty who developed or teaches the
    >> >> course.
    >> >> >
    >> >> > Ofcourse all types of faculty organizations are up
    >> >> in arms about this,
    >> >> > arguing that the intellectual property rights for
    >> >> online courses, should be
    >> >> > retained by Faculty or at least shared by them.
    >> >> Most copyright lawyers say
    >> >> > that this battle is just getting started, and is
    >> >> expected to be long and
    >> >> > bloody.
    >> >> >
    >> >> > In the mean time how is a faculty member supposed
    >> >> to protect his/her
    >> >> > interests? Perhaps one solution may be for faculty
    >> >> to keep their online
    >> >> > courses on private server space instead of on their
    >> >> university's server and
    >> >> > develop it on their own computers and time!. Do
    >> >> you have other solution
    >> >> > ideas? I would like to hear them.
    >> >> >
    >> >> > David Ford
    >> >> > Environmental Intelligence, Inc.
    >> >> >
    >> >> >
    >> >> >
    >> >> > ************************************************
    >> >> > Dr. Paul Shrivastava
    >> >> > Howard I. Scott Professor of Management, Bucknell
    >> >> University
    >> >> > and Environmental Intelligence, Inc.
    >> >> > Tel: 717- 523-0030; Fax: 717-523-0067
    >> >> > Mail: 425 Pheasant Ridge Road, Lewisburg, PA 17837,
    >> >> USA
    >> >> > http://www.esocrates.com
    >> >> > **************************************************
    >> >> >
    >> >>
    >> >> _________________________________________________________
    >> >> DO YOU YAHOO!?
    >> >> Get your free @yahoo.com address at http://mail.yahoo.com
    >> >
    >>
    >> _____________________________________________________________________
    >> You don't need to buy Internet access to use free Internet e-mail.
    >> Get completely free e-mail from Juno at http://www.juno.com
    >> Or call Juno at (800) 654-JUNO [654-5866]
    >


  • 7.  Whose Intellectual Property is an Online Course

    Posted 09-02-1998 11:44
    Amy (rest of this thread deleted, as being too long) has hit on the
    essence of the issue. I too, when I was in the real world, signed patent
    and copyright assignment agreements. But these were limited to what was
    related to the job.

    As faculty members, there is really no limit to what kinds of authorship
    (or inventing) can be considered part of the job. Consider that C. West
    Churchman created linear programming (or at least part of it) and wrote
    "design of Inquiring Systems," which explored philosphy as it applies to
    how we know what we research is real. Consider the many others (Herbert
    Simon, Mike Porter, Chris Christensen, Jim Erskine, Bill Bygrave come to
    mind) who have worked in more than one field, often not related.

    It is clear that the schools which give major support to case research
    have this well under control, both for their cases and for articles in
    their journals - Harvard, Ivey (UWO), Darden, Northwestern, among others.
    This also appears to be true for the major European schools. Photocopying
    cases or articles originating at such institutions for extensive
    distribution may and has provoked substantial reactions - one your school
    may not support you in defending.

    Otherwise, title to our research and other writing appears to reside in
    the faculty member - note that journals do NOT ask our schools to co-sign
    the assignment of copyright to our articles. On this precedent, what we
    put on the Internet presumably is ours, unless we work for a school that
    has asserted that right.

    However, use of passwords and other devices to somehow protect what we put
    on the internet and require the payment of a fee for most of us starts to
    require the expertise of various staff experts usually employed by the
    university. Here, perhaps, is where our employer-schools start to get the
    right to assert ownership?

    Two or three years ago our university sent around draft documents on
    patent and copyright issues. The patent document seemed reasonable - if
    the work was supported by the university, and was a direct result of that
    support, they could choose to assert the right to a share in the patent -
    and the faculty member would get some share - I forget what.

    But the draft copyright policy was not as reasonable. It tended to assert
    complete ownership - despite the fact that in the Arts & Sciences Collage
    and the Education School absolutely NO financial support for research or
    travel is given. (Business & Engineering Schools are luckier - or have
    better advocates.) I sent extensive comments - but I do not know
    whether they were considered or incorporated.

    [When a draft policy is formulated we get to see it and make comments, but
    we never see the finished policy at all - assuming any of them are actually
    approved. I think this is called mushroom management.]

    Tim Edlund, Morgan State


    On Wed, 2 Sep 1998, Amy Roszak wrote: [in part]

    > Wouldn't this be basically the same thing as "work for hire" in a corporate
    > setting? Anything created as part of your job, which you are paid for, the
    > company which pays you for that work is granted copyright for it. Wouldn't
    > the same apply in the school setting?
    > -Amy Roszak
    > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    > Amy Roszak, Director of Training
    > Strategic Planning and Organizational Development
    > PHEAA


  • 8.  Whose Intellectual Property is an Online Course

    Posted 09-02-1998 11:51
    Amy et al:

    At least at my university, the development of a web-based course is, for
    the time being, so rare, that it would not be considered a part of the
    job for which I am paid. It would fall in the same category as writing a
    textbook... another example of something I might do that is not part of
    my job.

    So if I develop a web-based course on my own time with my own computer,
    I own it (I think). Further, if I offer course materials from an
    independent webserver, and students 'purchase' it in the same way that
    they purchase a textbook, and students from other univesities *also*
    purchase it in the same way that they would purchase a textbook, it
    seems to me that there's a pretty strong case in favor of the faculty's
    exclusive ownership of the property.

    Thoughts?

    Amy Roszak wrote:
    >
    > Wouldn't this be basically the same thing as "work for hire" in a corporate
    > setting? Anything created as part of your job, which you are paid for, the
    > company which pays you for that work is granted copyright for it. Wouldn't
    > the same apply in the school setting?
    > -Amy Roszak


  • 9.  Whose Intellectual Property is an Online Course

    Posted 09-02-1998 12:38
    Eric,

    One of the benefits of joining the Socrates web-based teaching group
    <esocrates.com> is that Paul Shrivastava handles the collection of money
    from your students in a clean normal way--students mail checks to Socrates.
    You do not receive any commission on the course materials (though authors
    receive royalties on things that they wrote in the normal way from Socrates
    as they are adopted by whomever). Socrates does all this in a way that
    allows the students to get going immediately and leaves you the instructor
    uninvolved with the financial aspect of it all. I wanted a case from I-Case
    (an impressive multimedia one on infant formula with video streaming etc.)
    and Socrates arranged it all (even testing) and put it on the web-site they
    set up for my course and added the charges into the price the students pay
    Socrates.
    Going into web-based teaching for the first time with three online section
    of Strategy, I'm finding that Socrates has made it easier than "a piece of
    cake".

    Charlie Wankel
    St. John's University--New York City
    mg-ed-dv listmaster
    Chair-Elect Management Education Development Division of
    the Academy of Management
    wankelc@stjohns.edu

    Eric wrote:
    > ...if I offer course materials from an
    > independent webserver, and students 'purchase' it in the same way that
    > they purchase a textbook, and students from other univesities *also*
    > purchase it in the same way that they would purchase a textbook, it
    > seems to me that there's a pretty strong case in favor of the faculty's
    > exclusive ownership of the property.


  • 10.  Whose Intellectual Property is an Online Course

    Posted 09-02-1998 19:08
    NO.

    Amy Roszak wrote:

    > Wouldn't this be basically the same thing as "work for hire" in a corporate
    > setting? Anything created as part of your job, which you are paid for, the
    > company which pays you for that work is granted copyright for it. Wouldn't
    > the same apply in the school setting?
    > -Amy Roszak
    > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    > Amy Roszak, Director of Training
    > Strategic Planning and Organizational Development
    > PHEAA
    > Harrisburg, PA
    > email: aroszak@pheaa.org
    > http://www.pheaa.org
    > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    >
    > -----Original Message-----
    > From: Jim Dobbins <jdobbins@NISHANET.COM>
    > To: MG-ED-DV@MAELSTROM.STJOHNS.EDU <MG-ED-DV@MAELSTROM.STJOHNS.EDU>
    > Date: Wednesday, September 02, 1998 9:41 AM
    > Subject: Re: [MG-ED-DV] Whose Intellectual Property is an Online Course
    >
    > >Hi Wilbur,
    > >
    > >Assuming you meant patent, not patten, I don't believe
    > >you can get a patent on a lesson like that. I don't
    > >think it is not a prer subject. You can copyright it,
    > >but if someone changes a requisite percent, then the
    > >copyright cases to hold.
    > >
    > >Jim Dobbins
    > >
    > >
    > >Wilbur A Burton wrote:
    > >>
    > >> Well no offence that is what a patten is for to stop that sort of thing
    > >>
    > >> Check Out the Following:http://www.geocities.com/SouthBeach/Tidepool/4615
    > >> http://www.Talkcity.com/GardenWay/grandpa
    > >> willie.1321.turtle@juno.com
    > >> We Can Make A Difference,Just By Being Ourselves and Reaching for the
    > >> Goals We
    > >> Want to Get
    > >> On Tue, 1 Sep 1998 20:17:28 -0400 Jim Dobbins <jdobbins@NISHANET.COM>
    > >> writes:
    > >> >Hi,
    > >> >
    > >> >Even if the material is absolutely the property
    > >> >of the professor who developed it, how does he or
    > >> >she protect it from being used illicitly by anyone
    > >> >else, or even sold by anyone else? Lawsuits cost
    > >> >a fortune.
    > >> >
    > >> >Jim Dobbins
    > >> >
    > >> >
    > >> >Paul Guglielmino wrote:
    > >> >>
    > >> >> I feel that the material developed for an on-line
    > >> >> course is the intellectual property of the faculty
    > >> >> member. He or she is the creator and is entitled to
    > >> >> copyright protection. If the material is
    > >> >> commercialized and sold, the University (employer)
    > >> >> may have a right to share in the proceeds if the
    > >> >> material was developed on University time using
    > >> >> University equipment. It seems to me that reasonable
    > >> >> percentages could be worked out by the parties. Paul
    > >> >> J. Guglielmino, Associate Professor of Management.
    > >> >>
    > >> >> ---Paul Shrivastava <socrates@ENVIRONMENTALINTEL.COM>
    > >> >> wrote:
    > >> >> >
    > >> >> > An article in the June 5, 1998 issue of the
    > >> >> Chronicle of Higher Education
    > >> >> >
    > >> >> http://chronicle.com/colloquy/98/ownership/background.shtml
    > >> >> > reported efforts by Universities to deal with the
    > >> >> thorny issue of
    > >> >> > intellectual property right involved in Online
    > >> >> courses. It said that
    > >> >> > Professors may be sitting on a "gold mine" in the
    > >> >> form of marketable value
    > >> >> > contained in online courses. A significant number
    > >> >> of universities are now
    > >> >> > realizing this and enacting policies that say that
    > >> >> if a course was developed
    > >> >> > on University equipment, using University time, and
    > >> >> resides on University
    > >> >> > Web servers, then the intellectual property in it
    > >> >> belongs to the University,
    > >> >> > NOT to the faculty who developed or teaches the
    > >> >> course.
    > >> >> >
    > >> >> > Ofcourse all types of faculty organizations are up
    > >> >> in arms about this,
    > >> >> > arguing that the intellectual property rights for
    > >> >> online courses, should be
    > >> >> > retained by Faculty or at least shared by them.
    > >> >> Most copyright lawyers say
    > >> >> > that this battle is just getting started, and is
    > >> >> expected to be long and
    > >> >> > bloody.
    > >> >> >
    > >> >> > In the mean time how is a faculty member supposed
    > >> >> to protect his/her
    > >> >> > interests? Perhaps one solution may be for faculty
    > >> >> to keep their online
    > >> >> > courses on private server space instead of on their
    > >> >> university's server and
    > >> >> > develop it on their own computers and time!. Do
    > >> >> you have other solution
    > >> >> > ideas? I would like to hear them.
    > >> >> >
    > >> >> > David Ford
    > >> >> > Environmental Intelligence, Inc.
    > >> >> >
    > >> >> >
    > >> >> >
    > >> >> > ************************************************
    > >> >> > Dr. Paul Shrivastava
    > >> >> > Howard I. Scott Professor of Management, Bucknell
    > >> >> University
    > >> >> > and Environmental Intelligence, Inc.
    > >> >> > Tel: 717- 523-0030; Fax: 717-523-0067
    > >> >> > Mail: 425 Pheasant Ridge Road, Lewisburg, PA 17837,
    > >> >> USA
    > >> >> > http://www.esocrates.com
    > >> >> > **************************************************
    > >> >> >
    > >> >>
    > >> >> _________________________________________________________
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    > >> >
    > >>
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