OERNZ/Resources/Copyright clearance form

Note: This is a concept document and has not been reviewed by a legal professional

Introduction
The Aotearoa Open Education Resource (OER) Commons is a national collaboration established for New Zealand teachers to create, share, repurpose and reuse digital content in support of the national curriculum. The OER Foundation is an independent non-profit registered in New Zealand for charitable education purposes promoting the core value of education to share knowledge freely. With funding support from the Ministry of Education, the OER Foundation will assist Catalyst Ltd. in commissioning New Zealand teachers to create and develop digital teaching materials which can be shared among schools on WikiEducator -- a website dedicated to the collaborative development and sharing of teaching materials. Catalyst Ltd will establish a contract with the service provider to pay an honorarium in consideration for the development of the OER teaching materials specified herein on condition that the first holder of copyright retains their copyright (if so elected), but grant certain permissions for reuse and sharing of these education materials using selected Creative Commons Aotearoa New Zealand licenses. Signing of this form is a requirement under the New Zealand Copyright Act to provide the necessary waiver for license permissions for use of these education materials and should be read in conjunction with the contract for the development of these resources.

Background
The New Zealand Copyright Act of 1994 determines that the copyright of works created by teachers during the course of employment vest with the employer. Unless contracted otherwise, this means that the copyright of teacher-created materials usually vests with the Board of Trustees (or Crown? need legal opinion) as the employer. The copyright owner is entitled to grant a license for specified use of the existing materials or materials to be developed in accordance with the consent and waiver provisions of Section 107 of the Copyright Act, which specifies that the waiver must be in writing. This form provides the written waiver for specific license permissions in lieu of an honorarium payment in consideration for the development of the teacher resource specified herein, in accordance with provisions the Copyright Act of 1994.

Permissions this written consent covers
In consideration for the honorarium payment to develop the OER specified herein, the parties agree that:


 * 1) The Board of Trustees retains copyright of the materials, unless the Board offers to assign the copyright in writing to the primary authors
 * 2) This consent does not waive any moral rights of the copyright holder
 * 3) The copyright holder retains the requirement for attribution of the resource
 * 4) The educational resource is licensed by the copyright holder to provide permissions for educators to reuse and modify the materials on condition that they attribute the copyright holder using a:
 * 5) * Creative Commons 3.0 New Zealand license, or
 * 6) * Creative Commons 3.0 Attribution-Share Alike 3.0 New Zealand license, where any derivative works must be shared under the same, similar or a compatible license.

Confirming permissions for this consent
Please provide the following information regarding license permissions the copyright owner will assign.

Full names of the primary authors (teachers) of the OER resource

Brief description of the OER resource to be developed

Indicate the appropriate permissions and license the copyright holder assigns by circling the relevant box/bullet point below:


 * 1) Permission to reuse, adapt and modify the OER materials specified herein on condition of attributing the copyright holder using a Creative Commons 3.0 New Zealand license.
 * 2) Permission to reuse, adapt and modify the OER materials specified herein on condition of attributing the copyright holder and requiring that derivative works must be shared under the same, similar or a compatible license using a Creative Commons 3.0 Attribution-Share Alike 3.0 New Zealand license.

Indicate whether or not the copyright owner assigns copyright of the resource specified herein to the primary authors above on condition of using the license specified in this form by circling the relevant box/bullet point below:


 * 1) Yes
 * No

Full name of copyright owner(s) (for example, Board of Trustees - XYZ School or primary authors if copyright is ceded to primary authors above)

The signatory affirms that the permissions granted under the Creative Commons Licenses New Zealand licenses are irrevocable.

Signature and Full name

Position

Postal address

Date

Phone

Email