(A)
Purpose. This rule provides guidance on the creation
and production of films, tapes, audio visual materials, audio materials,
manuals, books, workshops, and other such items, which will stimulate faculty
and staff interest in their production in such a manner that the materials can
be shared within and outside the university. This should serve to clarify and
protect the rights of the author and the university by defining which materials
are designated as "university sponsored."
(B)
Definitions.
(1)
University sponsored educational materials. "University sponsored educational
materials" are those which the author or producer has been specifically
commissioned in writing by the university, on appropriate university forms, to
develop the materials and in their production has used some part of the time
for which he received compensation from university administered funds or used
substantial university resources.
(C)
Policy
statement.
(1)
It is the policy of the university that the ownership of
educational materials designated as university sponsored shall vest in the
board.
(2)
The author of the university sponsored educational
materials shall be compensated in accordance with a specific
agreement.
(3)
The author shall retain the intellectual rights to the
materials.
(4)
The rule is subject to contractual provisions of
extramural grants and contracts if the materials are developed as part of a
grant or contract activity.
(5)
Use of the
materials for instruction at the university requires normal academic
approval.
(D)
Compensation to the author.
(1)
Compensation to
the author may be made through one of several methods or a combination of them
by means of an executed agreement under the authorization of the provost, or
designee. The methods are as follows:
(a)
By released time
of a specified number of semester hours of teaching for a specified period of
time;
(b)
By additional compensation in a specified amount
chargeable to the unit which is sponsoring the material either from the
standpoint of their use or production;
(c)
By compensation
for a specified time and amount during a period when the author is not
regularly employed, such as summer sessions; and
(d)
By a share of the
royalties, if any, which accrue from the use and sale of the
work.
(2)
Once having agreed to the amount and form of the
compensation, the author receives the specified and agreed upon compensation
regardless of the success or failure of the work commercially.
(3)
Appropriate
accounting procedures shall be established to assure record of income and
expenses for the purposes of royalty distribution, if any.
(E)
Administrative procedures suggested.
(1)
Establishment or
designation of an appropriate university officer to handle and approve
procedures including those for the agreement and provisions for copyright and
licensing.
(2)
Establishment of an advisory committee to that
officer.
Replaces: 3342-5-11
Notes
Ohio Admin. Code
3342-5-11
Effective:
3/1/2015
Promulgated Under:
111.15
Statutory
Authority: 3341.01
Rule
Amplifies: 3341.01,
3341.04
Prior
Effective Dates: 11/4/1977, 3/11/1982, 5/26/1997, 2/27/1998, 9/30/2005,
6/1/2007
