Creative commons policy document for NZ schools

A Creative Commons Policy for NZ Schools

Policy

___Insert Name of School Here___ wishes to encourage the open and free exchange of information, knowledge and resources; and support the collaborative production of intellectual property that is freely available to all.

The school:

• Asserts its copyright over school employee's work created during the course of employment
• Applies by default a Creative Commons By Attribution License (BY) to all it's teaching materials and policies and to it's other work wherever possible.
• May make exceptions to the sharing of IP it owns on a case by case basis with detailed reasons for limiting the free access to material; any such restrictions should be time dependent and will include consideration of applying other Creative Commons licenses to the work including Attribution-Share Alike (BY-SA), Attribution-Noncommercial (BY-NC), Attribution-Noncommercial-Share Alike (BY-NC-SA), Attribution-No Derivative Works (BY-ND) and Attribution-Noncommercial-No Derivative Works (BY-NC-ND).
• Will transfer the copyright of created works to the original creator when a license which which meets the free cultural works definition (i.e. Creative Commons By Attribution License (BY) or Creative Commons Attribution-Share Alike (BY-SA)) is applied to them.

___Insert Name of School Here___encourages staff and students to support free and open access to IP and also to apply the Creative Commons Attribution framework to work created in their capacity as an individual.

__Insert Name of School Here___ does not wish to make any claim over the ownership of outputs or outcomes of students’ work. These belong to the creator.

Procedures

Definitions of IP

• In this policy “intellectual property” includes the rights to all created work
• Outputs are the products that are created by an individual or group of individuals. This may include for example artworks,
• Outcomes are the consequences or results arising from the development of, or use of IP other than products that are created from IP. Examples may include a publication such as a book, web site or, an exhibition.

Ownership of IP and outputs arising from intellectual activity

In general all IP and the outputs and outcomes arising from that IP are owned by the creator. While --insert name of school here-- will derive benefits from the outcomes; there are exceptions to this, as follows:

• “Co-ownership” refers to those materials that are jointly owned by the school and a staff member where such activities are identified within the employment agreement, in this policy, or subject to specific agreement for co-ownership:

• Teaching materials created by staff in the course of their employment are owned by the school unless otherwise stated through contractual obligations in an employment agreement. The school transfers ownership of the teaching materials to the creator when a license which which meets the free cultural works definition is applied to them. Nothing in this policy asserts rights over materials used by teachers that they did not create in the course of their usual work.

• “Exclusive ownership” refers to IP that is created when the school has specifically commissioned work or is part of a staff members’ employment contract to undertake specific work that will result in the development of IP as part of the school's business. Examples would include course or programme development and creating marketing or advertising materials.

• “Ownership by a third party” refers to IP created through work that is undertaken for an external party. All such work will be managed by contractual arrangements which will include an agreement to undertake work, defining the basis of that work, and including how IP will be managed and owned in advance of the work being undertaken.

Students IP

• __Insert Name of School Here__ does not wish to make any claim over the ownership of outputs or outcomes of students’ work. These belong to the creator.
• __Insert Name of School Here__ will act in the role of a guardian of students’ activity to protect students' rights to IP.
• For a staff member or any other party to claim any interest in a student's work this must be agreed and specified prior to the engagement in the activity.

Clarity of Licensing

Where possible, but especially when made available through the internet, works should be clearly labelled using the appropriate symbol from the Creative Commons icon set.

Disputes

Where there is a dispute over ownership, including co-ownership of IP, and/or the commercialisation of any co-owned IP, the following process will apply:

• __Insert Schools Name Here__ usual dispute and or complaints process will be followed.