Instructor-generated Materials (A-22.1)
Original Implementation: September, 1990
Last Revision: January 30, 2007
"Instructor-generated materials" generally refers to coursepacks or other such class materials that are intellectual property compilations and are intended for sale. They are not merely handouts, copies, textbooks, or trade books published by a commercial or university press. Copies of handouts distributed in class are provided to students and paid for by course fees. Published textbooks or trade books must be sold through bookstores. Under no circumstances, may faculty members sell instructor-generated or other academic materials directly to students. The instructor-generated materials may then be sold through the University bookstore or off-campus vendors.
The University and faculty member(s) will negotiate a royalty agreement in advance of the sale of instructor-generated materials in the University bookstore to properly compensate the faculty member(s) for their time, effort, and intellectual property, unless it was a work made for hire. See Intellectual Property, Policy D-20. The University shall not be responsible for royalties or other financial benefits on instructor-generated materials sold by off-campus vendors.
The faculty member(s) shall retain the right to assemble, edit and amend their intellectual property as necessary, subject to a department/college review, to determine whether the general quality of scholarship renders the material suitable for instruction and/or sale. No departmental/college review may infringe upon the academic freedom of the faculty member(s) who created the instructor-generated materials.
The General Fair Use Guidelines as described in Copyrighted Works Reproduction, Policy A-12, are applicable to instructor-generated materials. Copyright notices, appropriate citations and attributions should be included. The faculty-staff member who compiles the instructor-generated materials shall be responsible for complying with these guidelines. Permission must be obtained for materials that will be repeatedly used by the same instructor for the same class. Using a commercial copy shop does not necessarily relieve the creator of instructor-generated materials of liability, unless the Fair Use Guidelines are followed or the copy shop pays appropriate royalties. Campus copy centers are not permitted to copy such materials, unless these guidelines are followed.
Cross Reference: Faculty Handbook, University Policies D-20, Intellectual Property and A-12, Copyrighted Works Reproduction
Responsible for Implementation: Provost and Vice President for Academic Affairs
Contact for Revision: Provost and Vice President for Academic Affairs
Forms: None