Corporate Legal

Policies and Corporate Legal

A10 – Intellectual Property Procedures

1.0 Purpose

The purpose of these Procedures is to:

1.1

Outline the procedures related to the development, ownership, and use of Intellectual Property at RRC Polytech.

1.2

Outline the procedures related to the development, use, and management of Open Educational Resources (OER).

1.3

Support the implementation of Policy A10 – Intellectual Property.

2.0 Definitions

All terms used as definitions in these Procedures have the same meaning given to them in Policy A10-Intellectual Property.

In addition, the following definitions apply to these Procedures:

2.1

“Creative Commons (CC)” An organization that provides a system of free copyright licenses as a standardized way to allow copyright owners to give the public permission to share and use copyrighted Works under conditions chosen by the owner.

2.2

“Creative Commons Licenses” A suite of free, open copyright licenses provided by Creative Commons that enable copyright owners to choose the conditions under which their works may be shared and used. The rights and obligations of users are governed by the specific license applied.

2.3

“Open Educational Resource (OER)” Teaching, learning, and research materials in any medium, digital or otherwise, that reside in the public domain or have been released under an open license that permits no-cost access, use, adaptation, and redistribution by others with no or limited restrictions, such as materials published under Creative Commons or similar open licenses.

2.4

“Open License” A standardized way for copyright owners to grant permission for access, use, and distribution of their copyrighted works, subject to stated restrictions. Creative Commons licenses are one form of open license.

3.0 Procedures

3.1 Developing Open Educational Resources

  1. Employees wishing to create an OER must seek permission from their immediate supervisor or manager.
  2. The selection, modification, or creation of an OER is appropriate where the resource is of equal or better quality than commercially distributed content and where it supports program and course learning outcomes.
  3. Employees adopting existing OERs verbatim are responsible for:
    • Completing any required licensing documentation; and
    • Applying the appropriate open license and complying with its terms.
  4. Employees adapting existing OERs are responsible for:
    • Completing any required licensing documentation;
    • Modifying the existing learning objects;
    • Applying and complying with the appropriate open license; and
    • Sharing adaptations back to the OER community, where applicable
  5. The RRC Polytech Library and Copyright Officer provide support and training to employees in the selection, evaluation, and use of OERs.
  6. OER creators must ensure they have the necessary rights to publish an OER and should seek support from the Copyright Officer as needed.
  7. OER creators are responsible for ensuring that all resources published comply with all relevant policies and procedures.
  8. Whenever possible, instructors and staff creating original OER content should assign a Creative Commons Attribution license (CCBY) to maximize accessibility and reuse. The licensing status of materials will be determined in consultation with the Copyright Officer.
  9. All OERs created must acknowledge RRC Polytech.

3.2 Reporting New Works

  1. Works created by employees, including inventions, must be reported to the employee’s direct manager.
  2. The manager will review the reported Work to determine whether further action is required, including whether legal or other institutional support is needed.

3.3 Use of Personal and Specialized Works

  1. RRC Polytech has developed these Procedures and is responsible for maintaining the quality and integrity of curriculum and materials used within the learning environment.
  2. RRC Polytech recognizes that:
    • Employees may wish to use their own Personal Works as part of curriculum or teaching resources; and
    • Administrative employees may create materials for professional organizations or affiliated entities that may also be relevant and useful to RRC Polytech.
  3. Where an employee wishes to use a Personal Work in the course of their employment:
    • The employee must declare the proposed use and discuss it in advance with their direct supervisor or manager before the Personal Work is included in curriculum or any other RRC Polytech activity or process.
    • RRC Polytech may commission the employee to prepare the material under a written agreement acceptable to both parties, including terms related to copyright ownership or assignment.
    • Reproduction and distribution of Personal Works used by RRC Polytech must be arranged in accordance with RRC Polytech best-practice guidelines.
    • The employee grants RRC Polytech a non-exclusive, royalty-free, perpetual license to use the Personal Work.

4.0 Review of Policy and Procedures

4.1

The Associate Vice President, Student Services and Global Partnerships, or their designate (the Policy Owner), is responsible for ensuring that a formal review of this Procedure is completed in accordance with the review schedule set out in the Policy.

4.2

The Vice President, Academic (the Approver) is responsible for approving this Procedure and any substantive revisions arising from the formal review.

4.3

All RRC Polytech employees are responsible for complying with this Procedure.

RRC Polytech campuses are located on the lands of the Anishinaabeg, Ininiwak, Anishininwak, Dakota Oyate, and Denésuline, and the National Homeland of the Red River Métis.

We recognize and honour Treaty 3 Territory Shoal Lake 40 First Nation, the source of Winnipeg’s clean drinking water. In addition, we acknowledge Treaty Territories which provide us with access to electricity we use in both our personal and professional lives.