Intellectual PropertyWho owns it?

Copyright Laws US Constitution under Article 1, Section 8, “The

Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries (Darden, 2011).”

“Copyright is a formal permission system that applies to ‘original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works,’ according to the U.S. Copyright Office (Darden, 2011).”

Copyright covers eight basic categories…

Education and Copyright Laws

“How do you take advantage of cultural riches for learning purposes without suffering a financial setback every time a student receives a lesson or the school board approves a sports team name.”

“Safe Harbors” for educators Fair Use policy Technology, Education and Copyright

Harmonization (TEACH) Act.

Consequences cease-and-desist letter and possibly

a lawsuit

“major fines, an injunction that prohibits future copyright violations, or a court order saying infringing copies must be destroyed (Darden, 2011).”

pleading ignorance is a very unwise tactic.

Who owns the right to your lesson plans? “The law defines ‘work made for hire’ as ‘a

work prepared by an employee within the scope of his or her employment (Darden, 2011).”

Teachers professional duties

The issue arises when entrepreneurial teachers are successfully selling lesson plans on the Internet and in books.

Guess the Profit Income…

A) $5,000

B) $20,000

C) $36,000

D) $100,000

Correct Answer… The New York Times reported one lesson

plan site had a yearly earning of $600,000 and one teacher on the site at

$36,000.

What Districts are Doing?

Pennsylvania’s State College Area School District addressed these issues in their own intellectual property policy.

“The policy declared that ‘all material/intellectual property written, created or developed by any employee of the district shall be and remain the sole property of [the district] (Darden, 2011).”

Employees were prohibited from selling their lesson plans and were advised that a violation could bring ‘disciplinary action or dismissal.’