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Faculty Rights Tip: Intellectual Property Rights & Online Materials

Article 39 of our Collective Bargaining Agreement covers faculty intellectual property rights. The article assures faculty retain the rights to materials they create, as long as there is no “extraordinary University support” in creating those materials.

Our contract sets out a list of materials that takes into account more contemporary and electronic works including those developed for online delivery. The list of protected materials in Article 39.3 includes:

“… works that are used in connection with online or hybrid instruction, transmitted electronically, and/or stored on CSU or third party provided servers.”

It further stipulates that,

“… Unless there is a separate agreement to the contrary, consistent with this Article, neither the CSU nor third party providers are entitled to grant licenses or make assignments with respect to such materials to publishers and publishing agents, or any third party.”

As more course materials are delivered in a variety of online modes, it’s important for faculty to know their intellectual property rights. If you have questions about faculty intellectual property rights, contact your campus CFA faculty rights representative or your campus CFA Field Representative.

Browse the faculty contract.

See previous Faculty Rights Tips on a range of topics in our contract.

If you have questions about a faculty rights tip or would like to suggest a tip, please write us a cfa@calfac.org with the subject line “Faculty Rights Tip.”

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