CCSNH Colleges And Programs

Copyright and Intellectual Property

Faculty shall comply with the Digital Millennium Copyright Act (DMCA), and Technology, Education, Copyright and Harmonization Act (TEACH) legislation.

See also below Article XXXIII – Intellectual Property from the Current Collective Bargaining Agreement:

33.1 Applicability: This provision applies to all covered employees involved in carrying out the CCSNH’s mission while under the auspices of the CCSNH.

33.2 Definitions:

33.2.1: Intellectual Property: As used in this provision, intellectual property includes not only technology such as inventions, discoveries, creations, or authored works which may be protected legally (such as with Patents and Copyrights), but also the physical or tangible embodiment of the technology, such as biological organisms, plant varieties, or computer software based on or derived from research data.

33.2.2: Scholarly Works: Traditional publications in academia regardless of their medium of expression, such as books, case studies, peer-reviewed manuscripts, journal articles, glossaries, bibliographies, creative works, etc.

33.2.3: Course Material: Those elements that constitute an academic course delivered in traditional and non-traditional (online, e.g.) mode, including but not limited to: syllabi, course descriptions, class and lecture notes, quizzes, tests, assignments, laboratories, study guides, and content.

33.3 Provision for Ownership:

33.3.1: The CCSNH relinquishes any claim to ownership of scholarly works and assigns intellectual property rights to the covered employee.

33.3.2: Course material created by the covered employee in the fulfillment of the employee’s normal duties and responsibilities under this collective bargaining agreement is presumed to belong to the employee for proprietary or marketing purposes outside of the college but is available to the college for internal review, use and distribution within the CCSNH and to external accrediting agencies.

33.3.3: If a covered employee retains title to copyright of course material or scholarly works developed as part of his/her regular employment responsibilities, the employee shall grant to the CCSNH a non-exclusive, irrevocable, royalty-free right to use, display, duplicate, create derivative works and/or distribute the materials with appropriate attribution for educational and/or research purposes.

33.3.4: The CCSNH shall retain ownership and intellectual property rights to work commissioned by the college pursuant to a written contract or memorandum of understanding (MOU) with the covered employee.