I. Ownership

Yale University's policy on ownership of works created by university employees asserts Yale's ownership of all rights pertaining to these works, including copyright. While Yale has traditionally made exceptions for books and other scholarly works, title to which are allowed to remain with the authors, Yale retains all rights, including copyright (1) in works for which it has committed substantial university resources; and (2) in works created as a result of tasks assigned during the course of employment (i.e., works made for hire).

Works created as part of materials development projects supported by the Center for Language Study are considered to be the product of the commitment of substantial university resources. For example, such resources might include the participation in the project of professional technology or project management staff, the allocation of student assistance, or the use of specialized hardware or software purchased specifically to meet the needs of a particular project. In instances where foreign language faculty have been paid salary or stipends by the university for their work on the project, the resulting materials are also deemed works made for hire created in the ordinary course of employment.

As such, Yale will own all rights, title and interest, including copyright, to materials created in the course of CLS-supported projects.

The CLS may therefore require that project work adhere to CLS policies and recommendations, including those governing the use of others' copyrighted works in the development of instructional materials.

When project funding awarded by the CLS originates from a non-Yale grant or a similar restricted-funds source, an outside organization may also claim ownership in all or part of the materials. In those cases, the CLS will work with the outside organization to ensure ownership claims are addressed appropriately.

II. Marketing, Dissemination, and Compensation

The CLS will also have the sole discretion in determining the manner in which the materials are distributed and supported, including whether materials and/or support are to be made available on a royalty-free basis or whether they will be offered for sale. Faculty members who have worked on the development of such materials will abide by CLS recommendations by and decisions with respect to protection and marketing of all materials. Faculty members who are paid salary or stipends for work on materials development projects acknowledge that this money is full and complete compensation for development of the materials. Faculty members who have developed materials in the course of CLS-supported projects will have no authority to market such materials, including presenting them to a prospective publisher or offering them for sale in any manner, without the express prior written permission of the CLS.

In the event that the CLS in its sole discretion decides to offer for sale any such materials, the CLS will enter into a written agreement with each faculty member who developed the materials to pay royalties on such sales. Generally, such agreements will provide that royalty payments will begin only after revenue to Yale from the sale of the materials exceeds the compensation already paid to the faculty members.

Faculty members will cooperate with the CLS on the promotion and marketing of the materials, including participation in conferences and workshops. The CLS will reimburse the faculty members for reasonable expenses for travel, food and lodging, provided that such expenses have been pre-approved by the CLS.

III. Departure from Yale

Upon their departure from Yale, faculty members may take copies of materials they have authored to other institutions for continued use in their teaching. Materials will only be available to other institutions while the authors are teaching there. The original materials will be retained by Yale for use by Yale faculty and students.

The CLS may, at its discretion, provide limited assistance to faculty members in preparing portable copies of materials and preparing materials for use outside Yale. In cases where instructional software has been integrated with other software not available for use by other institutions, such as server-based software developed by the CLS, the CLS may assist in separating the content of the instructional materials from the Yale-owned delivery mechanism.

As Yale retains ownership of the materials, the CLS will continue to have the sole discretion as to the manner in which the materials are distributed, as described above. Faculty members who leave Yale may not market materials developed with CLS support, including presenting them to a prospective publisher or offering them for sale in any manner, without the express prior written permission of the CLS. If materials are distributed commercially, royalties will be shared between authors and Yale per Yale and CLS policy. If Yale chooses to distribute materials on a royalty-free basis, it will make an appropriate effort to notify authors before doing so.

Faculty members who have left Yale are free to make changes and improvements to materials they have authored. All changes belong to Yale and must be provided to CLS periodically (at least once annually). Materials will be credited to the authors, citing CLS support and Yale ownership. If Yale makes changes to its copy of the materials, it will make appropriate efforts to notify the original authors of changes and, upon request of the authors, either remove their names as authors or modify the attribution to indicate that the modifications were based on the original work of those authors. If either party becomes aware of claims of copyright infringement of any kind related to the materials, it will inform the other.

IV. More Information

Questions or requests for further information concerning this policy may be directed to Mark Knowles (mark.knowles@yale.edu) or Howard Barnaby (howard.barnaby@yale.edu) at the CLS. Yale University's complete policy on copyright and ownership, which serves as a basis for this CLS policy, can be found at http://www.yale.edu/ocr.