The Policy on Intellectual Property is part of the Memorandum of Agreement. Although it is reasonable, when it was written, online teaching was not on the horizon; it largely deals with commercialization, not OCAD’s use of teaching materials.
(f) Intellectual Property means any result of intellectual, design, literary or artistic activity giving rise to a copyright, patent, trade-mark, industrial design or trade secret that accrues to intellectual property by statute, application, or registration, or other rights accruing under this Policy, whether or not protected by statute, including but not limited to: publications, notes, books, texts, articles, monographs, glossaries, bibliographies, cartographic materials, modular posters, study guides, laboratory manuals, correspondence course packages, interactive textbooks, websites, course work delivered on the Internet, including distance education, multimedia instructional packages, course syllabi, tests and work papers, course lectures, public lectures, choreographic works, unpublished scripts, films, filmstrips, charts, transparencies, other visual aids, video and audio tapes and cassettes, computer software, computer programs and code of all types, layouts, interfaces, applications and tools, all databases and database layouts, live video and audio broadcasts, programmed instructional materials, drawings, paintings, sculptures, photographs, works of visual art and music (including any software which expresses the said notes, manuals, artifacts or works), and productions (including sound, video, film, hypertext multimedia);
The matter of whether you are required to upload either your material or lectures has become something that is strongly encourage, if not demanded. You are not required to record and disseminate your lectures or classes.
The ownership of all Intellectual Property in works created by a Faculty Member shall belong to the Faculty Member responsible for the creation of such work, in proportion to his or her Contributions to the work, except as provided by this Policy.
Exceptions are contract work, and work done by Academic Staff as part of their job duties
We have had cases of people’s work being used for classes after they have stopped teaching a course. We recommend putting copyright symbols with your name on lecture files, and you can remove material from your Canvas courses (you can download the class before doing so) after completing them. This might not entirely prevent your work being used, but it will help.
Moral Rights means the author’s right to claim authorship and to protect the integrity of a work under applicable law, including (i) the right of attribution of authorship or performership, (ii) the right not to have authorship or performership falsely attributed, and (iii) the right of integrity of authorship or performership, including but not limited to the right to object to any distortion, mutilation or other modification of, or other derogatory action in relation to the author’s or performer’s work which would be prejudicial to the author’s honour or reputation.
We are working on developing language that is better suited to the increase in online teaching and the recorded and online delivery (if you choose to make recordings of your lectures) of your intellectual property.
Richard Hunt, November 24, 2021