Open Educational Resources (OER)

Intellectual Property Rights, Board Policy 1.19: 

Policy Statement: The Board of Trustees supports and encourages its employees to develop scholarly and creative works and educational materials and products – intellectual property which may be subject to copyright or patent and which may generate income. Such development may involve the use of College time and resources. In order to balance, protect, and define the respective rights of LLCC and its employees regarding intellectual property that may be subject to copyright or patent, the following policy is established.

The following types of published and unpublished materials may be subject to copyright:

• All written works, including books, journal articles, texts, glossaries, bibliographies, study guides, resource materials, laboratory and other manuals, syllabi, tests, and proposals
• lectures, musical or drama compositions, and unpublished scripts
• films, filmstrips, charts, transparencies, and other visual aids and teaching devices
• video and audio tapes and cassettes
• live video or audio broadcasts
• programmed instructional material
• computer programs
• pantomimes and choreographic works
• pictorial, graphic, and sculptural works
• sound recordings
• other materials subject to the U.S. copyright laws and controls.

An invention or discovery of any new and useful process, machine, manufacture, or composition of matter, or any new or useful improvement thereof, may be patented. To determine the disposition of rights to copyrightable materials and patents developed by College employees, materials or patents will be assessed within the framework of the following four categories as defined in Administrative Procedure:

• Individual effort
• College assisted individual effort
• College initiated and supported efforts

Sponsor supported efforts Income from copyrighted materials and patents shall be disbursed in accordance with Administrative Procedure.

Full-Time Faculty 2022-2025 Collective Bargaining Agreement, Section 12.5. Intellectual Property.

In the absence of a negotiated agreement between a faculty member and the College, the following shall apply: instructional materials, programs, or any other work product (“Intellectual Property”) developed by a faculty member on the faculty member’s time and at the faculty member’s expense shall belong to the faculty member; Intellectual Property developed by a faculty member on College time (scheduled faculty time on campus or sabbatical project) and at College expense shall belong to the Board; Intellectual Property developed under circumstances where the faculty member has performed development work on College time and on the faculty member’s own time and/or where the faculty member and the College have both contributed to development costs, shall belong to the faculty member and the College in such proportionate ownership shares as they shall negotiate on a case-by-case basis.

If Intellectual Property is owned exclusively by the faculty member, the Board may use such property only with the consent of the faculty member. If Intellectual Property is owned exclusively by the Board, the faculty member may use such property only with the consent of the Board. If Intellectual Property is jointly owned by the faculty member and the Board, then any use of such property for other than College instructional or in-service purposes shall be negotiated on a case-by-case basis.

In the event the faculty member and the College are unable to reach agreement on their proportionate ownership shares and/or use of such property, then at the request of either the faculty member or the President of the College the matter shall be referred to a committee of two College employees selected by the faculty member and two College employees selected by the President. Unless otherwise agreed by the faculty member and the President, their committee selections shall be made within 5 workdays of the request for referral of the matter to committee determination, and upon completion of the committee selections, the committee shall have 15 workdays in which to determine the proportionate ownership shares or use of such property. If the committee is unable to make such determination within such 15-day period, then the committee shall, by majority vote, select an additional person to serve on the committee. Such additional person may or may not be a College employee. Upon selection of such additional person, the committee shall have 30 workdays in which to determine the proportionate ownership shares or use of such property by majority vote of its members.

In no event shall video or audio tapes or recordings of a faculty member’s lecture, performance, or presentation be made or used by the College without the consent of the faculty member.

Adjunct Faculty 2022-2025 Collective Bargaining Agreement, Section 12.5. Intellectual Property.  (same language as in the Full-Time faculty Agreement)