Running head: NORTHWESTERN UNIVERSITY COPYRIGHT OWNERSHIP POLI

Northwestern University Copyright Ownership Policy Review

Kay L. Venteicher
University of Maryland University College
DETT 611
March 15, 2015

NORTHWESTERN UNIVERSITY COPYRIGHT OWNERSHIP POLICY

Northwestern University Copyright Ownership Policy Review

Northwestern University (NU) provides a clear definition of the copyright and
intellectual property policies observed by the University With a growing student population of
over 21,700 full- and part-time students globally, the University has recognized the need for
enhanced educational technology tools (NU About, 2013, para. 2). As the use of blended
learning, flipping the classroom, and online education grow, improved tools are necessary to
support faculty endeavors (NU IT Initiative, 2013, para. 4). To support integration of
educational technology tools and the continued commitment to advance research and teaching,
NU promotes the principle of faculty copyright ownership retention. The NU Copyright Policy
preamble pledges free choice by university members in creation and dissemination of intellectual
property and that copyright ownership resides with the creator(s) of copyrightable works
(Northwestern University, 2006, para. 9). This paper will examine the NU Copyright Policy and
its application to intellectual property copyright ownership, including areas such as course
development, ongoing use of course materials, and balancing of creator and University rights.
The continued growth of distance education shows that students taking at least one
distance education course in 2014 is up 3.7% from the previous year (Babson Survey Research
Group, 2015, para. 1). This contributes to the projected enrollment increase of 14% in higher
education between 2011 and 2022 (Hussar & Bailey, 2014, p. 20). While the impacts of
technological change(s) to distance education was not factored into the analysis in the
Projections of Education Statistics, the growth and change created by the increasing use of
distance education and technology change(s) necessitates a continual review of higher education
institutions policies (Alger, 2002, p. 1; Hussar & Bailey, 2014, p. 19). To keep up with the
changing needs, Alger (2002) asserts that the institution must consider issues from a legal

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perspective such as rights and responsibility surrounding intellectual property and copyright
ownership (p. 1, 4). Alger (2002) suggests areas that require additional review with growing
involvement in distance education for policy coverage should include topics such as curriculum
development and control, evaluation of faculty and students, and ownership and use of
intellectual property (p. 4).
Northwestern University Copyright Policy
The members of the Northwestern academic community created Northwestern
Universitys Copyright Policy. It was written supporting creators copyright ownership retention
regarding traditional works. The policy defines the creator as the academic community
members of Northwestern that includes faculty, teachers, researchers, artists, and students.
Traditional works include the creators work products of artistic labor, research, or teaching.
The policy assigns work product ownership to the creator providing for the full rights assigned
and protectable by U.S. and other countries' copyright laws (Northwestern University, 2006,
para. 12). The intent embodied by the policy is to promote an environment of research and
teaching punctuated by a members desire to promote innovation for public dissemination while
sharing with Northwestern on a non-exclusive basis during their time in the academic
community. This provided the creator with the opportunity to select the public dissemination
forum of the creators choice and/or retain the right to revenue produced from the work. The
University realizes the intangible benefit from this policy is one of reinforcing an academic
environment where innovation and excellence are draws to prospective researchers and teachers.
Non-traditional works, such as computer applications, produced by the creator will
follow the copyright policy with the exception of those created with NU extraordinary
resources or additional financial support. The non-traditional work exception in the NU

NORTHWESTERN UNIVERSITY COPYRIGHT OWNERSHIP POLICY

Copyright Policy provides for a possible balance for University members to retain ownership of
creative works and the opportunity for the University to invest resources and share revenues with
the creator for non-traditional work such as new software. Projects of this type will be
coordinated between creator(s) and NU dependent upon standard agreement arrangements
completed prior to project execution. Exceptions to copyright ownership include work covered
by other agreements such as external or government grants that bind the creator to grant
conditions, works created under work for hire conditions, works created in an administrative
capacity, and those works produced using NU extraordinary resources (Northwestern University,
2006, para. 12-14).
Innovation/Development of Online Course Materials
The 2012 Faculty Handbook discusses the faculty responsibility to develop courses and
curricula. Copyright policy references were limited to fair use discussions (Northwestern
University Provost, 2012, p. 8). Updates in the 2014 Faculty Handbook call out the specific
expectations for faculty delivering instruction, which requires course development by the faculty
based upon theories of learning and cognition appropriate for effective distance education
instruction (Northwestern University School of Professional Studies, 2014, p. 12). The 2014
Faculty Handbook discusses the responsibility of the distance education faculty to facilitate in
the transition between educational platforms/course management systems as NU migrates from
Blackboard to the Canvas Learning Center. The focus of the migration is the Universitys desire
to provide a learning management system that improves the level of protection for student work
and faculty intellectual property. Additional course material options have been identified and are
available to the faculty through the NU e-Reserve system, supplemental readings covered under
copyright clearance and materials with guidance of fair use practices.

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Ownership of Course Materials

The copyright policy upholds Universitys academic community commitment to faculty
ownership retention of created works such as books, films, musical scores, and other works of
art (Northwestern University School of Professional Studies, 2014, p. 38). For instructional
materials created in course development (i.e., laboratory manuals, placement exams), the creator
will provide access to the University as perpetual, royalty-free right and license to use,
reproduce, modify and create derivatives of such works, for all traditional, customary or
reasonable academic purposes (Northwestern University, 2006, para. 13; Northwestern
University School of Professional Studies, 2014, p. 37). For traditional work material not for
instructional use, best efforts will be made by the creator to provide the University use on a
perpetual, royalty-free right and license to use, perform, display, copy, or reproduce such
works, for all traditional, customary or reasonable academic or research purposes of the
University (Northwestern University, 2006, para. 13). This arrangement does not preclude the
faculty from the right to revenue produced from the work. These same policy rules apply to
student created works. When the creator leaves the University, individual and shared copyright
ownership revenue will continue upon departure from the University.
Compliance/Dispute Resolution/Community Education
The NU Copyright Policy provides guidance for conflict of commitment, conflict of
interest, consulting, and use of the institutional name as well as any impact to the copyrighted
material. The University community must follow ethical and legal standards. The Northwestern
University Conflict of Interest Office reports to the Office of the Provost and is responsible for
policy development and implementation, training and education of the academic community. It
interacts with Conflict of Interest (COI) committees for both the school and staff and reports to

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stakeholders as required by policy. Additionally, a Conflict of Interest Oversight Committee

(COIOC) provides oversight and recommendations for changes to the policy and the primary
review of COI appeals process (Northwestern University, 2012, pg. 7-10).
Strengths and Weaknesses
Northwestern University policies, including the NU Copyright Policy, provide a strong
architecture complying with the U.S. Copyright Law and protecting the creators intellectual
property. It provides clear definition of the copyright and intellectual policies observed by the
University. The copyright language proliferates into applicable foundational documents that protect
both the University and academic community. NU supports the commitment to advance research and
teaching, and the principle of faculty copyright ownership retention. NU embraces copyright
ownership in the transitioning distance education program embracing new education technology tools
as they apply to course development, ongoing use of course materials, and balancing of creator and
University rights. A minor weakness of the NU Copyright Policy was the limited discussion of the
U.S. Copyright Law and the limited reference to the four factors of fair use, although this was given
reference in the faculty handbooks and further guidance is provided in the NU Library web pages.

Conclusion
The NU Copyright Policy is located at http://www.invo.northwestern.edu/policies/copyrightpolicy. It provides clear definition of the policy as it applies to the academic community and the
University. It provides strong support to the creators intellectual property and retaining ownership

of creative works. The strengths of the policy provides for the needs of all stakeholders involved in
traditional and non-traditional works copyright ownership. The University realizes the intangible

benefit from this policy is one of reinforcing an academic environment where innovation and
excellence are draws to prospective researchers and teachers. As a future distance education

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provider NU would be one of my first choices based on the creator focus and strength of their
copyright policy and its support of an academic environment of innovation and excellence.

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References
Alger, J. (2002, April 17). Legal issues in on-line education. Educause. Retrieved from
https://net.educause.edu/ir/library/pdf/NTW0204.pdf
Babson Survey Research Group. (2015). Higher education reports. [Website]. Retrieved from
http://www.onlinelearningsurvey.com/highered.html
Hussar, W.J., & Bailey, T.M. (2014, February). Projections of education statistics to 2022.
(NCES 2014-051). Retrieved from http://nces.ed.gov/pubs2014/2014051.pdf
Northwestern University. (2006, September 1). Copyright policy. Retrieved from
http://www.invo.northwestern.edu/policies/copyright-policy
Northwestern University. (2012, November 16). Policy on conflict of interest and conflict of
commitment. Retrieved from
http://www.northwestern.edu/coi/policy/core_coi_policy.pdf
Northwestern University About. (2013). Our students and alumni. Retrieved from
http://www.northwestern.edu/about/facts/our-students-and-alumni.html
Northwestern University IT. (2013). IT Initiative: Learning management systems. Retrieved
from http://www.it.northwestern.edu/about/it-projects/learningmanagement/initiative.html#lmsreview
Northwestern University Provost. (2012). 2012 faculty handbook. Retrieved from
http://www.northwestern.edu/provost/docs/faculty-handbook.pdf

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Northwestern University School of Professional Studies. (2014). 2014-2015 faculty handbook.
Retrieved from http://sps.northwestern.edu/programareas/graduate/pdfs/14_15_faculty_handbook_final.pdf