Policy Number: C3.1


Policy Name: AGREEMENT FOR COMMISSIONING OF EDUCATIONAL MATERIALS

 


Explanation

 

This Agreement is to be used by units within the university as they reach agreement with faculty to prepare commissioned educational materials. The Agreement follows the terms of the RIT Intellectual Property Policy, which you can find on-line at http://www.research.rit.edu/. The Agreement is intended to be used as a guide and can be adapted to individual circumstances. If a unit is employing an outside consultant to develop educational materials, which is typically regarded as work-for-hire, consider using the Independent Contractor Contract, available on-line at the Controller’s website at http://finweb.rit.edu/controller/. For questions about using this Agreement for educational materials development, contact Claudia Stata, the Educational Technology Center (ETC), at 475-5121.

 

Introduction

 

A.  This Agreement is entered on _____________, 200_, by Rochester Institute of Technology (“RIT”), on behalf of the Educational Technology Center (“ETC”), ____________________________ (“College”), and _________________________________ (“Department”) and _____________________________, an expert in the field (“Faculty Creator”) who resides at ______________________________________.

 

B.  RIT desires the Faculty Creator to provide his/her highest quality services for creation, production and use of educational materials (“Materials”) described as ____________________________________________ ______________________________________________________________________________________________________________________________________________________________________.

 

C.  RIT desires the flexibility to use the Materials in a variety of different contexts, whether through distance learning or in face-to-face classrooms or otherwise in furtherance of its educational and research mission. As long as Faculty Creator remains employed by RIT, Faculty Creator will be the sole person to teach or deliver the Materials subject to the Faculty Creator’s specific exceptions, listed below:

      ____________________________________________________________________________________

      ____________________________________________________________________________________

 

D.  The Faculty Creator desires to produce Materials and make them available to students in a variety of different formats and to allow RIT to utilize the Materials in different contexts and through differing arrangements.  


E.   The Faculty Creator desires to allow RIT to make such uses of the Materials as may be allowed under this Agreement, and the Faculty Creator desires to retain rights to make other specified uses of the Materials for the production of other scholarly works.


The parties have discussed the terms of this Agreement and agree as follows:

 

1.   Production of Materials. The Faculty Creator shall produce Materials appropriate for teaching as described in Appendix A: Materials.

 

2.   RIT Support. RIT shall provide financial, equipment, and staff support to assist the Faculty Creator in preparation of Materials as described in Appendix B: RIT Support.

 

3.   Deadline. The Faculty Creator shall deliver to the head of the Department the Materials in a completed state and suitable for use in connections with teaching by <date>.


4.   Faculty Creator’s Right of Use. Throughout the term of this Agreement the Faculty Creator reserves the exclusive right to use the substantive content of the Materials without further consent or approval from RIT in any scholarly or creative works that do not compete with RIT’s actual or planned use of the Materials, subject to any RIT policies and procedures related to such Materials and such uses as may be in effect from time-to-time. In particular, the Faculty Creator will have the right to use the Materials in connection with journal articles, conference presentations, and other scholarly works, but will not have the right to use, sell, license, reproduce, or distribute the Materials for instructional activities outside of RIT.

 

5.   RIT Rights of Use. RIT shall have the right to use the Materials as it deems appropriate consistent with both Paragraphs C and 4 above. The university’s rights include the right to reproduce, distribute, perform, and transmit the Materials, to prepare derivative works based on the Materials in furtherance of RIT’s educational mission, or sell or authorize others to sell or make other distributions of the Materials for instruction purposes.


6.   Time of use. (Note: This is an optional paragraph)

a)   Time Limit on RIT Use. RIT’s right to use the Materials pursuant to this Agreement shall terminate on <date>. The right of RIT to use the Materials shall continue until that date regardless of whether the Faculty Creator has remained an employee of RIT throughout that time. The parties understand that this termination date is based on the parties’ best efforts to project the likely viability of the Materials for future instruction. The parties may agree in writing at a future date to change the termination date based on the continuing viability of the Materials or the availability of revisions and updates.

 

b)   Reversion of Title. As of the date of termination of RIT’s right of use as set forth above and at the request of the Faculty Creator, RIT shall assign and transfer to the Faculty Creator all right, title, and interest held by RIT, including copyright to the Materials. RIT shall prepare at its expense all the necessary documents for assignment or transfer.

7.   Materials Copies. RIT may retain copies of the Materials for archival purposes and make them available to students for their study, research, and education or to other RIT faculty or staff to be used for other educational materials development.

 

8.   Quality, Clarity, Currency. The Faculty Creator shall have full control of the substantive and intellectual content of the Materials, both at the time of their creation and at any time during their use by RIT. As with the preparation of other scholarly or creative works, the Faculty Creator shall be expected to deliver accurate and current information.


9.   Supplemental Updates.

a)   Authorization. The Faculty Creator is authorized to produce any revised or supplemental materials in order to reflect developments or insights that come to the Faculty Creator’s attention following completion of the Materials and before the expiration of the RIT’s right of use.

 

b)   Procedures. In the event the Faculty Creator or the head of the Department desires to produce a supplemental update to the Materials, they shall together determine a plan and the cost for such update within sixty (60) days of initial written notification by either party.

 10. Named Credit. The Faculty Creator shall receive full credit as the named author or principal developer of all copies of the Materials prepared by or authorized by RIT. The Faculty Creator has the right (requested in writing) to remove his/her name from any copies of the Materials made or authorized by RIT.  


11. No Indemnification by the Faculty Creator. The Faculty Creator shall not knowingly include in the content of the Materials any content which constitutes libel, invasions of privacy, infringement of copyright or other literary or proprietary rights, or otherwise violates the legal rights of any persons who are not a party to this Agreement. Any responsibility or liability for such violations shall be treated in a manner consistent with the customary treatment of similar violations as they may occur in the context of traditional teaching at RIT. Otherwise, the Faculty Creator makes no indemnification and no warranty to RIT with respect to the appropriateness of including any content in the Materials. Should either the Faculty Creator, the dean of the College, or the head of the Department reasonably conclude that any of the content in the Materials may violate such rights of their parties, the procedure and the right to make revisions shall be consistent with procedures set forth in Paragraph 9b) above. Pending such revision, RIT shall have the right to remove the portions of the Materials that create the potential violations before making any further use of the Materials pursuant to this Agreement.

 

12. Credit for Teaching Workload, Promotion, and Tenure. This Agreement does not address any compensation or set any standards or make any adjustments with respect to the Faculty Creator’s teaching workload, course enrollments, teaching evaluations, and teaching credit for purposes of review, promotion, or tenure at RIT. These issues must be examined outside the context of the Agreement and necessarily will require consideration by other members of the RIT community.

 

13. Allocation of Revenue to the Faculty Creator. Should RIT or the Faculty Creator receive any revenues from the broadcast, sale, distribution, or use of the Materials, the parties shall allocate the revenue between RIT and the Faculty Creator according to the schedule set forth in the RIT Intellectual Property Policy, Section III. Allocable revenue shall exclude tuition and fees paid by students to take a course (either credit or non-credit) based on the Materials. Faculty Creator acknowledges that the formula in the Intellectual Property Policy allows RIT to recoup its expenses directly associated with creation and production of the Materials before allocating revenues to the Faculty Creator.

 

14. Copyright Ownership. RIT shall retain copyright ownership of the Materials, subject to the rights granted to the Faculty Creator pursuant to this Agreement and Faculty Creator hereby assigns all right, title, and interest in the Materials to RIT. At no time shall RIT assign or transfer any or all of the copyright ownership privileges associated with the Materials to any person, other than the Faculty Creator, without the Faculty Creator’s consent. The parties agree that the Materials will not be treated as a “work-for-hire” under the U.S. Copyright Act.

 

15. Faculty Creator Unavailability. In the event the Faculty Creator becomes unavailable (due to death, disability, relocation without leaving a forwarding address, or otherwise fails to respond after repeated attempts at communication by RIT) for decision-making regarding the Materials, RIT shall have the right to use the Materials until the expiration date as defined in Paragraph 6 or two years after Faculty Creator’s unavailability, whichever comes later.

 

16. Agreement Copies. Original copies of this Agreement shall be given to the Faculty Creator, ETC and the Department. ETC shall keep the Agreement for at least three years after termination.


This Agreement is approved by parties who signed below:


1. FACULTY CREATOR

 

2. DEPARTMENT

 

 

 

 

 

 

Signature

 

Signature

 

 

 

                                                                  

 

                                                                  

Name

 

Name

 

 

 

 

 

Department Head

Title

 

Title



 

 

 

 

 

 

Date

 

Date

 

 

 

 

 

 

3. COLLEGE

 

4. EDUCATIONAL TECHNOLOGY CENTER

 

 

 


 

 

 

 

Signature

 

Signature

 

 

 

 

 

 

 

 

 

Name

 

Name

 

 

 

 

 

Dean

 

Director, Educational Technology Center

 

Title

 

Title

 

 

 

 

 

 

 

 

 

Date

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 



Responsible Party:

 

Effective Date: Approved January 2002

 

Policy History:

Edited October 2010