Policies

  1.    When a faculty member prepares a syllabus for a course - who owns the material?

When a syllabus is developed, and it does not fall within one of the categories of University-owned works set out in section 100.030.A.2 of the Collected Rules, the syllabus is owned by the author. The course belongs to the faculty member who developed it. As a general rule, the course syllabus, lecture notes, class handouts, lab manuals, and digital presentations are the intellectual property of the instructor who created them, unless they fall within one of the categories of section 100.030.A.2. Section 100.030.A.2. of the Collected Rules provides that the University owns the copyright in these categories of works:

  • Works that are commissioned for University use by the University
  • Works that are created by employees if the production of the materials is a specific responsibility of the position for which the employee is hired
  • Sponsored works, or works resulting from grants (but not if the production of the copyrighted work is ancillary to the purpose of the grant)
  • Works created with the use of substantial University resources

 

  1. What role does copyright notice and registration play in protecting the work?

If a faculty member holds the copyright to a work, it would be advisable to put the copyright notice on the work, which includes the copyright symbol, year it was written, and name of author, i.e., “© 2010 Pat Doe”. Though this is not necessary to secure copyright protection, it may deter others from copying it.

Registration of the copyright with the U.S. Copyright Office is a prerequisite to bringing suit for copyright infringement. If there is any concern that the work may be infringed, a faculty member may want to register the copyright using the U.S. Copyright Office’s online registration process.

If the university owns the copyright to the work the author may request the university to register the copyright.

 

  1. Under what circumstances must I share my syllabus with my department?

Excellence in teaching demands that faculty colleagues have access to syllabi that
are prerequisite courses to theirs. Likewise, faculty should know what the expectations are in the syllabi of courses for which theirs is a prerequisite. Accreditation bodies, departmental curriculum committees and Promotion & Tenure committees would naturally have the right to review the course syllabus, assignments, lab materials, and exams. This is important to maintain consistency between sections of a course and to maintain program quality.

If a faculty member leaves the University, she would retain copyright to her syllabus and related materials. In all instances, faculty should bear in mind the tradition of the academy to share as much information as possible to advance the mission of the university to educate and advance the discipline.

  1. In the collected rules 100.030 one section refers to the concept “if substantial university resources will be used in the development of educational materials”. What exactly does that mean?

Substantial use of university resources refers to extensive unreimbursed use of university resources. Section 100.030.A.2.d. of the Collected Rules states that the following

are not considered substantial University resources; “limited secretarial support, uses of the library for which special charges are not normally made, and the employees' own time except as covered by subsections 2.a and 2.b” of 100.030. The University also takes the position that the mere use of Blackboard, Canvas, Zoom, and similar tools to deliver course content does not constitute the use of substantial University resources. In all cases, creators of intellectual property should consult with their department chair (faculty) or supervisor (staff) if they anticipate substantial use of university resources and negotiate an agreement if the determination is made that the use will indeed be substantial. Significant resources may include special equipment and supplies, multimedia and technology staff support, instructional, lab, and video materials. Release time specifically granted to develop educational materials is considered a significant resource.

  1. If a faculty or staff member develops elaborate materials for teaching his course including electronic materials that require the university to supply substantial resources in order to produce the course (e.g. technology or multimedia support, special equipment or supplies), who owns the copyright on the classroom materials?

When substantial university resources and supplies are allocated for course development, the university can claim ownership of the copyright. By planning ahead and developing a written agreement in advance of commencing work, an author may negotiate the terms of copyright ownership. This process starts between the author and the department head of the sponsoring unit. Agreement should be reached on who will own the copyright, which units or persons will receive income from offering the course, and how the course will be updated and revised. To facilitate the effective development of author agreements, the University has a template which may be adapted by the parties to fit their specific needs (contact the Office of the General Counsel). The approval process to be followed to finalize the agreement is outlined in Sections
100.030.B.3 and 4. The Patent and Copyright Committee or the Chancellor's designee can also provide advice.

  1. If a faculty member develops an eLearning course for teaching online for the University and receives assistance from the University in the form of instructional designers, computer technologists preparing learning objects, and significant help in preparing the course - who owns the copyright for the course?

According to section A.2.d of the UM Collected Rules 100.030 the University of Missouri owns the copyright if the materials are “created with the use of substantial University resources which are specifically provided to support the production of copyrightable materials”. However, this section articulates how course authors can develop written agreements stipulating terms for copyright ownership, division of any net income from the course, use of materials, and plans for revisions.
In most cases, it's helpful for the faculty or staff members to create a written agreement spelling out their rights in advance of developing course materials if they will be utilizing significant university resources in designing and building course materials. These agreements allow the faculty or staff member to use the materials for educational purposes while at the same time protecting the University's investment and ability to continue to offer the course in the future.

  1. If a faculty or staff member designs a course or educational materials and is paid a stipend for developing the course or materials - who owns the copyright?

If a faculty member is paid a stipend by the University for developing a course then the University of Missouri owns the copyright pursuant to A.2.d.

  1. What happens if substantial University resources are used to develop a course and there is no written agreement?

If substantial University resources are used to develop instructional materials and there is no written agreement, the University may claim ownership according to section A.2.d.2. However, sections D and E of section 100.030 of the collected rules and regulations give the author additional rights for future use or royalties. As long as the author remains a University employee, the author has the right to approve the internal use of those materials by the University for any new purposes. When the author is no longer employed by the University, she will have a non-exclusive right to use the work for her own non-commercial educational purposes. For example, the author will not have the right to sell the materials to any third parties. Further, the University may continue to use the materials for its internal purposes.

  1. If a faculty member or other employee whose job requires her to write publications for distribution as part of her duties, prepares materials for this purpose - who owns the copyright on the materials? What about materials that are created when creating materials are not a part of the standard responsibilities of the job?

It is important to note that the Collected Rules Section 100.030.A.1 states that “The faculty will continue to hold copyright for traditionally accepted intellectual property that is developed in their roles as teachers and scholars subject to the provisions of section 2 herein. These include, but are not limited to such materials as books, workbooks, study guides, monographs, articles, and other works including music and performances, whether embodied in print, electronic format or in other media.”

The University owns the copyright, however, for materials that are written by an employee if they are written as a specific responsibility of the job. For example, if an Extension employee were required to prepare training manuals for use of pesticides as a specific responsibility of their job, the University would retain copyright.

As long you remain a University employee, you do have the right to approve the internal use of those materials by the University for any new purposes.
When the author is no longer employed by the University, the University does not need permission to use the materials for any internal purpose. She would be granted a non-exclusive right to use the work for her own non-commercial educational purposes. She would not have the right to distribute, sell, or sublicense the material to any third parties.

If the University wishes to use the material for external purposes, a written agreement with the author would be required regardless of whether she is still a current employee.
If writing the material is not a part of the author’s regular job duties, the University may still own the copyright if she was specifically asked to write the material by the University; if she used substantial University resources to create the work; or if the work was funded by an internal or external grant.

In any case where the University owns the copyright, the author cannot independently enter any agreements to receive royalties or other remuneration from these works without the University’s prior written approval. If the University decides to license or sale the work for external use, a written agreement must be entered into between the University, the primary author, and any other authors. This agreement should set forth the conditions of use and define any rights for periodic review and or withdrawal from use. The typical distribution of net income from external use is 50% of net income to the department and 50% to the author(s), but the University may agree to other terms for dividing the income if there are special circumstances.

If writing the materials is not a part of author’s job description, and she was not otherwise asked to write the material by the University, she wrote the material on your own time and she did not use any substantial University resources (including internal or external grants), the copyright is hers.

In all cases, it is recommended that authors confirm your ownership and/or other rights in writing in advance in accordance with either 100.030.A.4. or A.5. to ensure there are no misunderstandings.

  1. Can a University employee use material that he developed for a university course for a non-university purpose such as a short course or workshop?

The employee retains rights to the course material and the entirety of the compensation as long as the material does not fall within one of the categories of works set out in section 100.030.A.2 and does not otherwise conflict with the university's policy on conflict of interest. The University's conflict of interest policy and policy on faculty consulting are both contained with the Policy on Conflict of Interest in Section 330.015 of the Collected Rules.

If substantial University resources were used in generating the coursework material then the employee is required to negotiate with the University the distribution percentage of the compensation prior to conducting the event. Honorariums are specifically exempt from this requirement.

  1. Who owns a course that is authored by more than one University faculty member or other employee?

If the course does not fall within one of the categories of works set out in section 100.030.A.2., then the authors may be co-owners of the copyright. The federal Copyright Act provides that if authors of a joint work intend for their contributions to be merged into inseparable or interdependent parts of a whole work, then those authors will be co-owners of the copyright in that work. For example, if two authors decide to jointly prepare material for a course, and each one does contribute material with the intent that their contributions will be merged into one whole course, they would be co-owners of the copyright in the course.

If, however, they invite another faculty member to prepare and contribute material to the course after its inception, and that faculty member contributes separate material to fill in a gap in the course, not intending for it to be merged into the whole, that faculty member is not a
co-owner of the copyright of the whole course. One interesting facet of joint ownership of copyright is that a joint owner of a copyrighted work may license the joint work without the consent of the other copyright owners. However, the joint owner must share royalties derived from the work with the other owners.

In order to comply with U.S. Department of Education and Office of Veteran’s Affairs regulations*, all programs in any of the University of Missouri System universities – MU, UMKC, S&T, and UMSL – (University) designed to meet the educational requirements for a specific professional license or certification that is required for employment in an occupation, or is advertised as meeting such requirements, must provide information regarding whether completion of that program would be sufficient to meet the educational requirements making a graduate eligible for licensure for employment in an occupation for which the program prepares students, in the state in which the student is located. In addition, U.S. Department of Education regulations state that Distance Education Students may only enroll in Licensure Programs where it has been determined by the University that license requirements are met in the state where the student is located or where the student attests they will seek employment.
 

Definitions

For the purposes of this policy, the following terms apply:

  1. Distance Education Student is a student enrolled in at least one distance or correspondence course in their first semester of a Licensure Program who does not live on-campus or in Missouri.
  2. Licensure Program is a program designed or advertised to meet the educational requirements making a graduate eligible for a specific professional licensure or certification that is required for employment in an occupation, as determined by each university.
  3. The time of enrollment is the time in which a student has been admitted into a Licensure Program, has completed the registration requirements (except for the payment of tuition and fees), and not more than one class meeting has occurred.

Disclosures

All Licensure Programs must:

  1. Create a list, inclusive of all states in which the program enrolls students, indicating where the program does and does not meet the educational requirements that make a graduate eligible for licensure or certification; and
  2. Identify the conditions or additional requirements, including training, experience, or examinations, required to obtain the license, certification, or approval in Missouri.

Information collected pursuant to this policy must be disclosed in a prominent manner to prospective and current students, including displaying on the program’s website, with references in the catalog and acceptance notices to students. If a program determines it does not meet the requirements or has not determined whether it meets or does not meet the requirements making a graduate eligible for licensure in the State in which a prospective student is located, the University must inform the student of this status directly. Similarly, if the University determines that a program does not meet educational requirements making the graduate eligible for licensure or certification in a State in which a current student is located after the time of enrollment, the University must provide notice directly to the current student within 14 calendar days of making that determination.

Student Location

The University must make an official determination regarding the State in which a Distance
Education Student is located at the time of the student’s enrollment in a Licensure Program.
Location Determination for Licensure Program Disclosures:

  1. Students taking all in-person courses in their first semester of a Licensure Program are located in Missouri.
  2. Distance Education Students are located in the state the Student indicates in the Customer Relationship Management (CRM) system (e.g., Slate) they will reside in while taking classes during their first term of enrollment in the Licensure Program. Distance Education Students for which the University does not have said information in the CRM are located in the state of the most current local address provided by the student. Distance Education Students who do not provide a local address at the time of enrollment are located in the state of the most current permanent address provided by the student. Distance Students who do not provide a local or permanent address at the time of admission are assumed to be located in the state of Missouri, unless the Student updates this information with the Office of the University Registrar. In the event of any discrepancies in the University’s record of a Student’s location, the most recently updated information will be utilized to make the determination. Any direct disclosures related to educational programs and professional licensure/certification education requirements will be based on the student’s location as set forth above.
  3. Students that do not reside in any state, the District of Columbia, or U.S. Territory are located outside of the United States.

Nothing in this policy is intended to affect the University’s assessment of residency for any
other purpose.

Enrollment

Licensure Programs may enroll any student located: in the state of Missouri, a state for which it meets the educational requirements for eligibility for licensure, or outside the United States.
Licensure Programs may not enroll Distance Education Students located in a state that the University has determined it does not meet such requirements or it has not determined whether the program will meet such requirements without an attestation that the Distance Education Student intends to seek licensure and employment in a specific state for which the Licensure Program meets the educational requirements for eligibility for licensure.

Attestation

The attestation process should document a comprehensive process of education and
advisement relating to a student’s intent moving from the state they currently reside to another state for the purposes of seeking employment. Whether the attestation is maintained as a hardcopy or in electronic format, it must be accessible at the request from a University auditor or Department of Education compliance official.

 

*34 CFR 668.14(b)(32); 34 CFR 668.43(a)(5)(v); 34 CFR 668.43(c)(1); 38 CFR 21.4253(d)(9)(i); 38 CFR 21.4259(e);

  • Guiding Principle: Substantive curriculum changes should be submitted to DHEWD if they require significant investment of university resources, may change the overall direction of the program from its original intent, or if the changes may impact the program’s accreditation. In general, this guiding principle should be the foundation for decisions in cases where it is not immediately clear whether a change is or is not considered a substantive curriculum change (i.e., in cases where the specific number of new courses could be open to interpretation). 
  • In general, proposals to create four or more new core courses for a bachelor’s, master’s, or doctoral degree should be submitted to DHEWD for approval as a substantive curricular change. 
    • This criterion is focused on the creation of new content within the program. This does not include smaller changes, like the renaming or recoding of courses. 
    • This applies to core coursework in the overall degree program (i.e., BS in Business Administration). It does not apply to coursework as part of an emphasis area/option (i.e., BS in Business Administration with an Emphasis in Finance). Only the addition of an entirely new emphasis area or the deletion of an existing area is submitted to DHEWD, through staff review. Changes to the name of an emphasis area are also processed through staff review. Changes to the coursework within an emphasis area need not be approved. 
  • The deletion of coursework and changes to general education requirements alone are not considered substantive curriculum changes for the purposes of state requirements. Of course, the deletion of a significant number of courses will likely coincide with the creation of new courses.
  1. Tuition benefit: Under Section 173.091 of state statute, qualifying Missouri senior citizens may receive scholarships equivalent to the required tuition for enrollment in coursework offered by a Missouri public institution of higher education, including the four UM System universities. Qualifying Missouri senior citizens may not be charged fees exceeding $25 per semester.
  2. Eligibility: To qualify, senior citizens must prove that they are at least 65 years old on or before August 1 of the academic year of enrollment by presenting a driver’s license or other photo identification bearing the date of birth.
  3. Non-credit: Scholarships are awarded under this policy only when a qualifying Missouri senior citizen enrolls in the course on a non-credit basis (i.e., with no grade or credit awarded for completion of the course).
  4. Courses
    1. Qualifying Missouri senior citizens may enroll in classes for which there is space available after tuition paying students have enrolled, regardless of modality, and must satisfy all course prerequisites established by the institution.
    2. Institutions are not required to create additional sections of courses, to offer a course that would otherwise be canceled due to insufficient for-credit enrollment, or to provide individualized instruction (e.g., through independent study or similar courses) to accommodate students utilizing this benefit.
    3. Institutions may establish additional restrictions on enrollment in graduate and professional coursework under this policy.
    4. Any senior citizen who alters their enrollment status to receive credit or is found to be out of compliance with any other standards required to receive this benefit, will be retroactively assessed the appropriate tuition and fees for the credit sought.