Volume 14 Issue 8
San Jose Teachers Association members recently bargained into their contract the following stipulations regarding ownership of materials developed by employees.
If the materials are developed by the employee as a project commissioned by the district or in fulfillment of a specific job assignment, the materials are the exclusive property of the district, such as a course outline developed by a teacher on special assignment for that purpose.
If the materials are developed by the employee in the course of performing regular duties, but are not specifically required or assigned as part of the job, the materials are owned by the employee; the district shall be able to use them, without a fee, only after consultation with the teacher, to ensure that the materials will not lose their usefulness if distributed.
If materials are developed by an employee independent of regular duties, and on the employee’s own time, the materials are the property of the employee. Example: An English teacher working at home develops a software package for computing grades, or a teacher writes a textbook on his own time, drawing on district experience.