Intellectual Property

Intellectual Property

Introduction

In this module, you will explore the following aspects of intellectual property:

  1. Forms of intellectual assets
  2. Examples of intellectual property rights
  3. The University of New Hampshire’s (UNH) responsibilities for intellectual property
  4. UNH’s Intellectual Property Policy

Introduction (cont.)

The module consists of:

Case Study

Click on the image below to read the case study.

Forms of Intellectual Assets

Intellectual assets is a collective term for:

Intellectual property are intangible products of creative effort. Examples include: technical information, inventions, software, databases, designs, models, methods, and literary works. Like tangible real or personal property, intellectual property may be bought, sold, or leased.

Intellectual Assets (cont.)

Intellectual property rights are legal protections for different forms of intellectual property. Examples of intellectual property rights described in this module are:

Know-how is the expertise (technical knowledge and skill) in knowing how to make things (products or processes) work effectively. Know-how can be protected through a variety of contracts, including Non-Disclosure Agreements (NDAs)/ Confidentiality Disclosure Agreements (CDAs), Consulting Agreements, License Agreements (LAs), or non-compete agreements.

Examples of Intellectual Property Rights: Patents

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office (USPTO). Patents are limited and temporary monopolies granted by the government in return for full disclosure by inventors of the details of their invention.

Patents are often considered a contract between the government and an inventor. An inventor is someone who contributes to the conception of an invention. The patent law of the United States of America requires that applicant(s) in a patent application must be the inventor(s) (USPTO).

Patents (cont.)

Seeking patent protection is important because it safeguards innovation by excluding others from making, using, selling, offering to sell, or importing the patented invention (35 USC 271). Patenting also affords protection that allows for a return on investment without compromising the cumulate nature of scientific endeavor.

In order to qualify for a patent, the invention must be:

Patents (cont.)

Novel means that the invention must differ from what is known (published or used) by the public.

Non-obvious means that the invention must be sufficiently different from what has been used or described prior such that it is not obvious to a person having ordinary skill in the technology involved in the invention (USPTO).

Useful means that the invention has a useful purpose. The invention also should be reduced to practice, meaning that the invention is developed past the point of conception to more tangible form (USPTO).

Patents (cont.)

There are several different types of patents. They include:

Patents (cont.)

Utility patents are for any new and useful process, machine, manufacture, or composition of matter, and new and useful improvements (35 USC 101). These are the most common types of patents pursued by UNH.

Examples of utility patent subject matter may include:

Patents (cont.)

Plant patents are for any new and distinct, invented or discovered asexually reproduced plants (35 USC 161).

Design patents are for any new, original, and ornamental design for an article of manufacture (35 USC 171). It is possible to pursue both a utility patent and design patent for the same invention; however, each patent type protects different elements of the invention.

Patents (cont.)

Laws of nature, physical phenomena, and abstract ideas cannot be patented. This includes:

Patents (cont.)

At UNH, individuals who wish to seek patent protection should file an innovation disclosure form with UNHInnovation.

UNHInnovation strongly urges innovators to file innovation disclosures early in the course of their research project. With the America Invents Act (AIA) in effect as of March 16, 2013, patent applications must be filed before the innovator publishes, presents, or even has a discussion with anyone outside of UNH, with limited exceptions. Otherwise, the ability to seek patent protection may be forfeited, both in the US as well as in the rest of the world.

Patents (cont.)

Patents granted to UNH include:

Examples of Intellectual Property Rights: Trademarks

A trademark is a word, name, symbol or device used to distinguish one entity’s goods or services from those of others.

Only “distinctive” words, phrases, logos, domain names, graphic symbols, slogans or other devices that are unique enough to help customers recognize the source of a particular product in the marketplace may be trademarked.

Trademarks (cont.)

A registered trademark:

Reasons for registering a trademark include:

Trademarks (cont.)

The ™ symbol is used when an entity regards the name or slogan to be their trademark.

The ® symbol is used when a trademark is registered by the USPTO. Examples of trademarks include: Coca-Cola®, McDonald’s®, University of New Hampshire®, and UNH®.

Servicemarks are similar to trademarks, except that they identify and distinguish the source of a service rather than a product (denoted as SM or ® upon registration). Examples of servicemarks include: Kinko’s® (photocopying service), Jack in the Box® (fast food service), and Amazon.com® (retail website).

Trademarks (cont.)

At UNH, individuals who wish to pursue trademark registration should file a trademark disclosure form with UNHInnovation.

Trademarks registered by UNH include:

Examples of Intellectual Property Rights: Copyrights

Copyright is the doctrine of federal law that vests the “author” of an original creative work that is “fixed in a tangible medium of expression” with certain exclusive rights to that work for a limited period of time and subject to certain defined and certain implied limitations.

The Copyright Act of 1976 is set out in Title 17 of the United States Code. It was amended in 2002 to address issues raised by distance education transmissions of copyrighted materials.

Copyright protection covers published and unpublished literary, scientific and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form.

Copyrights (cont.)

Copyrights for individual authors last for the life of the author plus 70 years. For works-for-hire, the copyright lasts for 95 years from the date of publication, or 120 years from the date of creation, whichever is shorter. Copyright protection is automatically granted to authors when they fix their ideas in a tangible form.

Students own the copyright for any work that they create as coursework. Therefore, in order for instructors to distribute or use former students’ work from prior courses in their teaching, instructors need to seek the permission from each former student in order to use their work in such a manner.

When authors submit articles to academic journals for publication, many times journals require authors to sign over copyright of the article to the journal.

Copyrights (cont.)

Copyright is a bundle of rights. Copyright protection gives the copyright owner the exclusive right to do and to authorize others to:

These rights can remain bundled together or can be managed individually..

Copyrights (cont.)

Copyright ownership prohibits others from infringing on authors’ exclusive rights without their consent. For example, it:

Copyrights (cont.)

The following are examples of what may be copyright protected:

Copyrights (cont.)

The following cannot be copyright protected:

Copyrights (cont.)

Copyright exists as soon as a work is fixed in a tangible medium. Placing a notice of copyright on works is recommended but not required. Recognized forms of copyright notice are:

Authors may register work with the U.S. Copyright Office. Doing so:

Prompt registration of copyrights can maximize the statutory damages and attorney fees that a copyright owner can seek in cases of copyright infringement.

Copyrights (cont.)

At UNH, individuals who wish to pursue copyright registration or commercialization (including software) should file a copyright disclosure form with UNHInnovation. Works registered with the U.S. Copyright Office where UNH is the copyright holder include:

Copyrights (cont.)

Works in the public domain are not eligible for copyright protection. This includes federal documents and publications, and works whose copyright owners have granted the work into the public domain. Such works are available for use by anyone, as are works where the copyright protection is no longer in effect (terminated or expired).

Although some items on the Internet are in the public domain, the majority of items on the Internet are protected by copyright law.

Copyrights (cont.)

“Fair use” permits certain limited reproduction of copyrighted works for educational or research purposes without the permission of the copyright holder.

Not all copying or reproductions by an educational institution qualify as fair use, and it is important to note that claiming “fair use” is a defense and not a permission; “fair use” is only determined in a court setting.

Copyrights (cont.)

There are four factors to be considered when determining fair use:

  1. The purpose and character of the use.
    • Is it for commercial use or for nonprofit educational purposes?
      • Nonprofit educational purposes are more likely to be considered fair use.
    • To what extent has the original work been transformed by the new work? Examples of transformation include parody, criticism, and commentary.
      • Transformed works are more likely to be considered fair use.
  2. The nature of the copyrighted work.
    • Subjective evaluation of the worthiness of copyright protection for the original work.
      • Example: fictional work vs. nonfictional work.
      • Nonfictional work is more likely to be considered fair use.

Copyrights (cont.)

Factors to be considered when determining fair use (cont.):

  1. The amount and substantiality of the portion used relative to the copyrighted work as a whole.
    • Use of minimal portion of copyrighted work used relative to the copyrighted work as a whole.
  2. The effect of the use on the potential market for, or value of, the copyrighted work.
    • Example: If use of the copyrighted work does not impact its value on the market, this is more likely to be considered fair use.

Copyrights (cont.)

“The Classroom Guidelines” (1976) provide guidance to help educators interpret the fair use provisions relating to classroom copying for educational use; they are not a part of copyright legislation and are not legally binding. The Classroom Guidelines include:

Copyrights (cont.)

The Classroom Guidelines help educators interpret the fair use provisions relating to classroom copying for educational use (cont.):

Copyrights (cont.)

The following are resources for copyright issues:

UNH & its Intellectual Property

Intellectual asset management (IAM) supports UNH’s mission of education, research, and outreach. UNH values its intellectual assets as a way to increase investments in sustainable research capacity.

Intellectual assets of universities such as UNH became protectable by a university after passage of the Bayh-Dole Act in 1980. The purpose of the legislation was to encourage utilization of inventions produced under federal funding.

The law promotes the participation of universities and small businesses in the development and commercialization process. It also permits exclusive licensing with transfer of an invention to the marketplace for public good. The government receives a royalty-free, non-exclusive license for use for government purposes (including use by government contractors).

UNH & its IP (cont.)

The Bayh-Dole Act permits universities (all non-profits) and small businesses to elect to retain title to patentable inventions made in performance of federally funded programs.

It was understood that stimulation of the U.S. economy would occur through the licensing of new inventions from universities to businesses that would, in turn, manufacture the resulting products in the U.S.

UNH & its IP (cont.)

At UNH, UNHInnovation is the office responsible for managing the institution’s intellectual property.

UNHInnovation manages, leverages, and licenses UNH’s intellectual assets while promoting traditional academic pursuits of publishing and open dissemination of research results. Further, UNHInnovation:

UNH & its IP (cont.)

The UNH Intellectual Property Policy describes UNH’s responsibilities for intellectual property, and states its responsibilities in protecting the intellectual property assets and rights of the institution, faculty, staff, and students.

Cooperative Research and Development Agreements (CRADAs), Material Transfer Agreements (MTAs)*, Non-Disclosure Agreements (NDAs)/ Confidentiality Disclosure Agreements (CDAs)*, Trial Agreements, and License Agreements (LAs) are all mechanisms for protecting the intellectual assets and rights of innovators.

*Material Transfer Agreements (MTAs) and Non-Disclosure Agreements (NDAs)/Confidentiality Disclosure Agreements (CDAs) are managed by the UNH office of Contracts and Export Controls.

UNH & its IP (cont.)

UNH recognizes its responsibility to produce and disseminate knowledge. Inherent in this responsibility is the need to encourage the production of creative and scholarly works, and the development of intellectual property. Creators of intellectual property, however, need incentives to protect their assets so that their creative abilities, and the creative abilities of others, are encouraged and stimulated. Further, UNH has a responsibility to ensure utilization of innovations and materials for the public good and to expedite their development and transfer.

UNH & its IP (cont.)

Accordingly, UNH has adopted an Intellectual Property Policy that balances the rights and privileges of innovators with the university’s mission, and is fair to all parties. The UNH Office of the Senior Vice Provost for Research (SVPR) administers the Intellectual Property Policy.

The UNH Intellectual Property Policy applies to all members of the university community including, but not limited to, all faculty, administrators, staff, students; visiting scholars, scientists, and postdoctoral fellows; and any other persons at UNH involved in carrying out the university’s mission at or under the auspices of UNH. In the policy, these individuals are called “Covered Individuals.”

The UNH policy applies regardless of the whether the research/scholarly activity is funded, except where specific sponsor requirements prevail.

UNH & its IP (cont.)

All UNH faculty, visiting faculty or other visitors using research facilities; postdoctoral employees or fellows; graduate students and undergraduate students participating in sponsored research as employees or otherwise; and all salaried employees must execute an Acknowledgement of Intellectual Property Policy and Assignment as a condition of employment, participation in sponsored research, or use of university resources.

This acknowledgement assigns the intellectual property made in the course of employment at UNH, from work directly related to employment responsibilities at UNH, or from work carried out on UNH time or at UNH expense, or with use of UNH resources under grants or otherwise, to UNH.

UNH & its IP (cont.)

Intellectual property is defined in the UNH Intellectual Property Policy as:

UNH & its IP (cont.)

Unless created in the course of individuals’ duties at UNH or created with the use of UNH resources, in most situations Covered Individuals own the intellectual property that they create (see UNH.VIII.D.6.1 for exceptions where ownership is assigned to UNH). UNHInnovation determines ownership for each case reviewed.

In the case of copyrightable works that are considered Exempted Scholarly Works, UNH waives its ownership in the interest of the author. UNH, however, reserves a non-exclusive, irrevocable, royalty-free right to use Exempted Scholarly Works for educational and/or research purposes.

UNH & its IP (cont.)

Exempted Scholarly Works include, but are not limited to (cont.):

UNH & its IP (cont.)

Covered Individuals engaged in projects from which intellectual property is likely to arise must keep records consistent with the UNH Policy on Ownership, Management, and Sharing of Research Data. They must report to UNHInnovation promptly any intellectual property by filing an innovation disclosure form. As required by federal law, all innovations funded wholly or in part by the federal government must be disclosed promptly.

Failure to disclose intellectual property in a timely manner may result in loss of an innovator’s rights and subsequent commercial potential.

UNH & its IP (cont.)

Upon receipt of a completed innovation disclosure form, UNHInnovation decides whether to pursue legal protection of the intellectual property by filing a patent or trademark application with the USPTO or to file for copyright registration with the US Library of Congress. In making such a decision, UNHInnovation considers a variety of factors, including whether the interests of the innovator, UNH, and the public would be best served by formal intellectual property protection.

If UNHInnovation decides not to file for legal intellectual property protection and/or does not pursue commercialization, UNHInnovation may reassign ownership of the intellectual property to the innovator upon request and to the extent possible.

UNH & its IP (cont.)

UNH commercializes intellectual property through legal agreements with commercial partners. Net income received from the commercialization of intellectual property is distributed as follows:

UNH & its IP (cont.)

In the event of disputes about rights and/or equities, UNHInnovation reports in writing such disputes to the SVPR. The SVPR appoints a four person ad hoc review committee to review the disputes and to recommend agreements. These agreements are effective unless there is a further appeal. In the event of further appeals, the committee presents the case to the UNH President whose decision is final and binding upon all parties (except for faculty who are members of the UNH AAUP collective bargaining unit).

Review Scenario 1

Scenario: An undergraduate student is working on a faculty member’s federally-funded project along with a graduate student. The graduate student is working with UNHInnovation on a patent application covering her work on the project. The undergraduate talks to the faculty member about presenting the results of his work on the project at the UNH Undergraduate Research Conference. What should the faculty member take into account when considering the undergraduate’s request (check all that apply)?
Correct. However, another answer exists. With the passage of the America Invents Act (AIA), any form of public disclosure may disqualify an invention from potential patent protection. The faculty member needs to talk to UNHInnovation staff about the status of the patent filing. As long as the patent application has been filed prior to the presentation date, then there should not be any patent protection eligibility issues.
Correct. However, another answer exists. With the passage of the America Invents Act (AIA), any form of public disclosure may disqualify an invention from potential patent protection. The faculty member needs to talk to UNHInnovation staff to ensure that the undergraduate’s presentation does not compromise the patentability of other parts of the research in the future.
Incorrect. In this scenario, UNH has intellectual property rights to all innovations because the faculty member received grant funding through the institution and utilized UNH resources in the development of the intellectual property. (See the UNH Intellectual Property Policy for more detail)
Incorrect. In this scenario, UNH has intellectual property rights to innovations developed by the undergraduate because the student received financial support in the form of grant funds and utilized UNH resources to conduct the research. (See the UNH Intellectual Property Policy for more detail)
Correct. However, another answer exists. Presenting at the UNH Undergraduate Research Conference would be an excellent experience for the undergraduate. It should, however, be coordinated so that it does not compromise patentability options.
You have selected all of the correct statements.

Review Scenario 2 - Questions 1 & 2

Scenario: A doctoral student is in the processing of putting together his dissertation after successfully defending it. In talking to the staff at the UNH Graduate School about formatting, he explains that he has already published two of his chapters as separate journal articles. He is surprised when the staff member asks him if he owns the copyright on the articles. “Of course,” he responds. “I’m first author on both articles.” Which of the following statements are true?

1. A dissertation is only an academic publication so it does not matter who owns the copyright on the journal articles.

Incorrect. At UNH, a dissertation is a publication for which the student owns the copyright. If the student does not own the copyright for either of the journal articles, he will need to get permission from the copyright holder (generally the journal publisher as a result of a publishing agreement) to republish the articles as part of the dissertation).
Correct. At UNH, a dissertation is a publication for which the student owns the copyright. If the student does not own the copyright for either of the journal articles, he will need to get permission from the copyright holder (generally the journal publisher as a result of a publishing agreement) to republish the articles as part of the dissertation).

2. Authorship and copyright can be separate and distinct concepts.

Correct. Authorship is the identity of the person who has created/written something, whereas copyright is an intellectual property right conferred on an individual(s) based on federal law. Although copyright law automatically grants copyright protection to authors when they fix their ideas in a tangible form, contractual obligations can ultimately establish the copyright owner. When authors submit articles to academic journals for publication, journals often require authors to assign their copyright of the article to the journal through a publishing agreement.
Incorrect. Authorship is the identity of the person who has created/written something whereas copyright is an intellectual property right conferred on an individual(s) based on federal law. Although copyright law automatically grants copyright protection to authors when they fix their ideas in a tangible form, contractual obligations can ultimately establish the copyright owner. When authors submit articles to academic journals for publication, journals often require authors to assign their copyright of the article to the journal through a publishing agreement.

Review Scenario 2 - Questions 3 & 4

Scenario: A doctoral student is in the processing of putting together his dissertation after successfully defending it. In talking to the staff at the UNH Graduate School about formatting, he explains that he has already published two of his chapters as separate journal articles. He is surprised when the staff member asks him if he owns the copyright on the articles. “Of course,” he responds. “I’m first author on both articles.” Which of the following statements are true?

3. Because the student is first author on the articles, he owns the copyright on the articles.

Incorrect. The designation of first author on a publication is completely independent of who owns the copyright. In academic publications, authorship decisions should be based on significant contributions to the work performed; in the case of multiple authors, whoever is named as first author on publications must have made contributions to the work to qualify him/her for that recognition. With respect to copyrights, authorship refers to those who have fixed their ideas in a tangible form. Although copyright law automatically grants copyright protection to these authors, when authors submit articles to academic journals for publication, journals often require authors to assign their copyright of the article to the journal.
Correct. The designation of first author on a publication is completely independent of who owns the copyright. In academic publications, authorship decisions should be based on significant contributions to the work performed; in the case of multiple authors, whoever is named as first author on publications must have made contributions to the work to qualify him/her for that recognition. With respect to copyrights, authorship refers to those who have fixed their ideas in a tangible form. Although copyright law automatically grants copyright protection to these authors, when authors submit articles to academic journals for publication, journals often require authors to assign their copyright of the article to the journal.

4. The student will own the copyright on the dissertation, so who owns the copyright on the journal articles is not a problem.

Incorrect. Although copyright law automatically grants copyright protection to authors when they fix their ideas in a tangible form, when authors submit articles to academic journals for publication, journals often require authors to assign their copyright of the article to the journal. If the student has assigned the entire copyright to the journal(s) as part of the publication agreement, the student needs to seek permission from the copyright holder (i.e., the journal) in order to republish the articles in the dissertation. Otherwise, he may be violating copyright law.
Correct. Although copyright law automatically grants copyright protection to authors when they fix their ideas in a tangible form, when authors submit articles to academic journals for publication, journals often require authors to assign their copyright of the article to the journal. If the student has assigned the entire copyright to the journal(s) as part of the publication agreement, the student needs to seek permission from the copyright holder (i.e., the journal) in order to republish the articles in the dissertation. Otherwise, he may be violating copyright law.

Review Scenario 2 - Question 5

Scenario: A doctoral student is in the processing of putting together his dissertation after successfully defending it. In talking to the staff at the UNH Graduate School about formatting, he explains that he has already published two of his chapters as separate journal articles. He is surprised when the staff member asks him if he owns the copyright on the articles. “Of course,” he responds. “I’m first author on both articles.” Is the following statement is true?

5. UNH will own the copyright on the dissertation so he needs to obtain copyright clearance from the journals.

Incorrect. According to the UNH Intellectual Property Policy, dissertations are designated Exempted Scholarly Works wherein UNH has waived its ownership in the interest of the author. If, however, the student has assigned the copyright to the journal(s) as part of the publication agreement, the student needs to seek permission from the copyright holder (i.e., the journal) in order to republish the articles in the dissertation. Otherwise, he may be violating copyright law.
Correct. According to the UNH Intellectual Property Policy, dissertations are designated Exempted Scholarly Works wherein UNH has waived its ownership in the interest of the author. If, however, the student has assigned the copyright to the journal(s) as part of the publication agreement, the student needs to seek permission from the copyright holder (i.e., the journal) in order to republish the articles in the dissertation. Otherwise, he may be violating copyright law.

Review Scenario 3

Scenario: An undergraduate finished his thesis research and developed a PowerPoint presentation for the UNH Undergraduate Research Conference. In doing so, he finds on the Internet a couple of figures that explain succinctly several of his main points. He adds them to the presentation, citing the website where he obtained them. After the presentation, a member of the audience asks him about the figures, including whether he had permission from the copyright holder to use them in his presentation. Which of the following statements are correct (check all that apply)?
Incorrect. Most things on the internet are not in the public domain and so the student needs to seek copyright permission. Citing the website is appropriate as it gives credit to the author of the material, provides a means by which others can locate the materials consulted, and helps to avoid allegations of plagiarism. However, attribution is not the same as receiving copyright permission and the student must still seek permission.
Incorrect. Most things on the internet are not in the public domain and you do need to seek copyright permission to use them in publications and presentations to avoid problems with violating copyright law. It may be helpful to note that works prepared by the US government are in the public domain and you do not need to seek copyright permission. However, it is important to still appropriately cite the materials.
Correct. However, another answer exists.
Correct. However, another answer exists. Citation is referencing source material (e.g., book, journal article, dissertation, newspaper, website) in which the full-text of the item can found whereas copyright is an intellectual property right conferred on an individual based on federal law for works fixed in tangible form.
May be correct. “Fair use” permits certain limited reproduction of copyrighted works for educational or research purposes without the permission of the copyright holder. While the reproduction may appear to fall within the guidelines of Fair Use, ultimately only a judge can declare whether it is Fair Use.
You have selected all of the correct statements.

Review Scenario 4 - Questions 1 & 2

Scenario: An instructor at UNH decides that she would like to use students’ work from her class in future classes and/or for accreditation purposes. She does not inform students in her class of her intention as she sees no reason to. During one class session, a student informs her that he is currently negotiating with a publisher to independently publish a collection of his essays, including one written for a class assignment. The instructor comments on how she liked the essay, and that she plans to use it in future classes as an example of excellent writing, and possibly for accreditation purposes. The student informs her that she cannot without his permission as at UNH, students own the copyright and any other intellectual property rights to their classroom assignments. Which of the following statements are true?

1. At UNH, an instructor needs to seek written permission from students to use their class work for any purpose other than the intended classroom use.

Correct. At UNH students own all intellectual property rights to their classwork and instructors cannot use them for any purpose other than the intended classroom use without their permission. UNHInnovation recommends to do so at the beginning of semester. Release forms are available from UNHInnovation.
Incorrect. At UNH students own all intellectual property rights to their classwork and instructors cannot use them for any purpose other than the intended classroom use without their permission. UNHInnovation recommends to do so at the beginning of semester. Release forms are available from UNHInnovation.

2. At UNH, students own the rights to all their classwork.

Correct.
Incorrect. At UNH students own all intellectual property rights to their classwork.

Review Scenario 4 - Questions 3 & 4

Scenario: An instructor at UNH decides that she would like to use students’ work from her class in future classes and/or for accreditation purposes. She does not inform students in her class of her intention as she sees no reason to. During one class session, a student informs her that he is currently negotiating with a publisher to independently publish a collection of his essays, including one written for a class assignment. The instructor comments on how she liked the essay, and that she plans to use it in future classes as an example of excellent writing, and possibly for accreditation purposes. The student informs her that she cannot without his permission as at UNH, students own the copyright and any other intellectual property rights to their classroom assignments. Which of the following statements are true?

3. The student can give the instructor permission to use his classwork and independently publish the work.

Correct. If, however, the publisher requires exclusive rights to the work, the student may not be able to allow the instructor to use the work beyond the intended classroom use.
Incorrect. If, however, the publisher requires exclusive rights to the work, the student may not be able to allow the instructor to use the work beyond the intended classroom use.

4. If students refuse to give an instructor permission to use their classwork, the instructor may consider that refusal when assigning grades.

Incorrect. Assignment of grades by instructors must be completely independent of decisions by students to allow or refuse instructors permission to use their classwork beyond the intended classroom use.
Correct. Assignment of grades by instructors must be completely independent of decisions by students to allow or refuse instructors permission to use their classwork beyond the intended classroom use.

Review Scenario 4 - Question 5

Scenario: An instructor at UNH decides that she would like to use students’ work from her class in future classes and/or for accreditation purposes. She does not inform students in her class of her intention as she sees no reason to. During one class session, a student informs her that he is currently negotiating with a publisher to independently publish a collection of his essays, including one written for a class assignment. The instructor comments on how she liked the essay, and that she plans to use it in future classes as an example of excellent writing, and possibly for accreditation purposes. The student informs her that she cannot without his permission as at UNH, students own the copyright and any other intellectual property rights to their classroom assignments. Is the following statement true?

5. UNH may use students’ classwork for educational or research purposes without obtaining permission from a student.

Incorrect. At UNH students own all intellectual property rights to their classwork. UNH may not f use it without their written permission.
Correct. At UNH students own all intellectual property rights to their classwork. UNH may not use it without their written permission.

Case Study Review

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