D1.3.7

=Licensing and use of intellectual property is formally addressed in e-learning design and (re)development procedures. =

Evidence
With regard to policy issues, Picciano (2006) points to various personnel, and intellectual property matters that need on-going attention and negotiation. Operational policy issues include matters such as choices between open system, and competing commercial CMS products; whether to allow single or multi-system implementation; and how to provide technical support.

Usoro & Abid (2008), in their conceptualization of quality e-learning, report Alexander & McKenzie (1998) who list reasons why e-learning might fail. One of these is the failure to obtain copyright clearance, which may lead to legal problems with the owners of copyright material.

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 http://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 ).