February 2003/08
Good practice
Guidance for senior managers

This report is for information and guidance

Intellectual property rights in e-Learning programmes

Report of the Working Group

This is a good practice guide for higher education institutions on intellectual property rights in e-Learning programmes, written by the working group set up by HEFCE, Universities UK and SCOP to investigate this issue. It includes model clauses that may be included in contracts at higher education institutions, and incorporates comments from a previous limited 'expert' consultation. Comments are invited by 1 May 2003.

Table of contents and executive summary (read on-line)

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Table of contents

Preface

Executive summary

Introduction

Report of the Working Group
   Section A:    Our reasoning
   Section B:    The contractual principles
   Section C:    Conclusions
   Section D:    Definitions

Next steps

Appendices
   Appendix 1:    Bibliography and useful web-sites
   Appendix 2:    Summary of responses to invitation to submit evidence
   Appendix 3:    Model contractual clauses
                          A:    Members of staff
                          B:    Freelancers
                          C:    Students
   Appendix 4:    Summary of responses to limited ‘expert’ consultation
   Appendix 5:    Sample consortium agreement for multi-partner collaborative R&D projects

List of abbreviations

Executive summary

Purpose

1.    This is a good practice guide for higher education institutions on the management of intellectual property rights (IPRs) in e-Learning programmes.

Key points

2.    HEFCE and Universities UK announced in April 2001 (HEFCE circular letter 07/01) that they had agreed to establish a working group on IPRs in e-Learning programmes, alongside the e-University project, to advise institutions on best practice. This guidance has been written by that working group.

3.    The report focuses on how to manage IPRs in e-Learning, on the relationship between institutions and their staff and students, and examines provisions in employment contracts. It provides exemplars and guidance, including model clauses to use in employment contracts at Appendix 3.

4.    In October 2001 the working group sought evidence from the HE sector and other interested parties, and a summary of responses from the consultation is at Appendix 2. In September 2002 the working group undertook an additional consultation with selected expert bodies on an early draft of this report. A summary of response is included in Appendix 4.

5.    The working group did not advise on exploitation of e-Learning programmes in overseas markets, but may do so if a second phase of work is undertaken.

Action required

6.    Comments are invited by 1 May 2003.