D7.3.1

=Intellectual property agreements negotiated with all staff involved in the design, and (re)development of course resources. =

Evidence
Intellectual property aspects of resource creation and use should be addressed explicitly at a policy and employment level and all staff involved in the design, (re)development and delivery of courses must be trained and supported in understanding the implications of intellectual property in their work.

Successful e-Learning projects are typically very clear in their approach to intellectual property.

IP difficulties have the potential to block widespread dissemination and uptake of teaching innovations.

A report for the Carrick Institute (McKenzie et al. 2005) found that many staff had difficulties getting good advice about intellectual property issues in particular copyright regarding teaching innovations. Some perceived their institution to be too focused on commericalisation potential and unsuitable for those involved in teaching innovations that were not for profit.

However, it was also found that developers of successful project innovations in higher education are typically very clear about their approach to intellectual property. They also address IP issues early in project roll out. Issues to consider include who will have access to project products, whether this will include the selling of products, whether IP rights are built upon academic convention, general copyright, or other more formal sales and licencing agreements, and the extent to which adaptation is prevented or permitted.

Resources
One end of the spectrum is to take an informal academic approach to IP and to allow wide dissemination with the expectation that users will acknowledge the originator of the resource. E.g. see www.elt.ac.uk

Other groups have balanced free use and adaptability with protecting possible commercial potential. For example, the Recording Achieving for Professional and Individual Development (RAPID) project permitted RAPID to be distributed to higher education institutions covered by the Higher Education Funding Council for England as required under the Fund for Development of Teaching and Learning. This allowed the system to be adapted for different curricula, while retaining core ownership for future commercial potential.

Finally, some projects sell products to intending users with copyright protection. Clear legal agreements are negotiated including statements regarding royalties.

A number of different approaches in relation to IP exist. These include the National Principles of IP Management for Publicly Funded Research (http://www.arc.gov.au/pdf/01_01.pdf ).