2:013 Distance Education
|Austin Peay State
||March 25, 2017
||Provost and Vice President for Academic Affairs
||Office of Distance Education
It is the policy of Austin Peay State University that distance education offered by
the University will meet the academic requirements and quality standards when delivering
Distance education is an established and effective method for extending educational
opportunities. To provide the citizens of Tennessee with greater access to postsecondary
education, the Board of Trustees affirms the effectiveness of distance education,
recommends the use and development of distance education technologies, and encourages
the University to take advantage of such opportunities in carrying out the mission
of the University.
Distance education occurs:
- Where there is a physical separation of the teacher and the learner and when communication
and instruction take place through, or are supported by, any technological means such
as telephone, radio, television, computers, satellite delivery, interactive video,
or any combination of present and future emerging technologies. Interaction between
teacher and learners may be synchronous or asynchronous.
- Under Federal law, copyright applies to any "original work of authorship fixed in
any tangible medium of expression." (17 U.S.C. § 102(a)).
- Generally, the owner of a copyright has the exclusive rights to reproduce the work,
to prepare derivative works, to distribute copies by sale or other transfer of ownership,
and to publicly display or perform the work. (17 U.S.C. § 106).
Work Made for Hire
- An employer owns the copyright to a work of authorship when the work was created by
an employee within the scope of his/her employment.
- Some kinds of work can also be owned by the institution as a work made for hire if
it is specially ordered or commissioned under a written contract signed by the two
(or more) parties. (17 U.S.C. § 101, § 201 (b)).
||The Copyright Act provides for some exceptions to the exclusive rights of the copyright
- One of these exceptions permits fair use of a copyrighted work for purposes such as
teaching, scholarship, or research. (17 U.S.C. § 107).
- The four factors to be considered in determining fair use are:
- The purpose and character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes;
- The nature of the copyrighted work;
- The amount and substantiality of the portion used in relation to the copyrighted work
as a whole; and
- The effect of the use upon the potential market for or value of the copyrighted work.
|A work prepared by two or more authors with the intention that their contributions
be merged into inseparable or interdependent parts of a unitary whole. (17 U.S.C.
|Work such as a periodical issue, anthology, or encyclopedia, in which a number of
contributions, constituting separate and independent works in themselves, are assembled
into a collective whole. (17 U.S.C. § 101).
|A work formed by the collection and assembling of preexisting materials or of data
that are selected, coordinated, or arranged in such a way that the resulting work
as a whole constitutes an original work of authorship. The term "compilation" includes
collective works. (17 U.S.C. § 101).
Applicability of Board
- Unless otherwise provided, all Board, accrediting agency, and institutional policies,
standards, and guidelines for on-campus instruction apply to distance education instruction.
- For the purpose of reporting and appropriations, no distinction shall be made between
student credit hours generated through distance education and those generated through
- The University will budget for the acquisition and maintenance of distance education
hardware and courseware and will maintain careful records of all operating costs.
- The University should develop specialized policies and procedures relating to issues
of distance education delivery and administration specified by this policy, accreditation
criteria, and other University policies.
- The University shall ensure compliance with all applicable copyright laws concerning
the reproduction of printed materials and the use and transmission of films, filmstrips,
videotapes, recordings, performances, or other protected works.
In establishing policies and procedures, the following stipulations shall apply:
- Each distance education course offered must be consistent with the level, nature,
and mission of the University.
- When a course is offered through distance education, it will carry the same code,
title, and credit as other sections of that course.
- Each distance education course must provide for interaction and timely feedback between
students and faculty member(s) teaching the course.
- As appropriate, these interactions may be individual, group, or mixed.
- They may take place electronically, e.g., by telephone, by computer, or by interactive
- Each distance education course must include an assessment of that delivery mode in
its procedures for monitoring and assessing student performance.
- Each student enrolled in a distance education course shall have access to all the
academic support services, instructional equipment, and campus events and other non-
academic activities, which the institution provides for other students.
- Support services may include but are not limited to academic advising, counseling,
library and other learning resources, tutoring services, and financial aid.
|University policies and procedures must contain a written statement of the purpose
and goals of the distance education program and describe the assessment methods used
to evaluate the success of the program in carrying out those goals and objectives.
The following issues must be addressed as the University plans and implements the
distance education program:
- Faculty, administrators, and other support personnel involved in the development and
implementation of distance education must have clearly defined roles, responsibilities,
- Faculty involved in distance education must receive specialized training in the use
of the medium.
- The University will determine teaching load equivalents and faculty compensation for
- The University must make academic and administrative information available to distance
- This information may include but is not limited to: exams, grading, student-faculty
interaction, proctoring, the provision of support services, and registration and fee-payment
- Censorial arrangements among two or more institutions for the development, production,
or transmittal of distance education courseware and materials should always be considered.
- Whenever possible and to effect the greatest savings, the acquisition of courseware
should be made through the Tennessee Board of Regents' Media Consortium.
- General Policy
- APSU Policy 2:047 on Intellectual Property, Patents and Copyright provides the overall guidance for
ownership of copyrightable materials. The University has an interest in the copyrightable
- The University sponsors the project; or
- There is significant use of the University's facilities, services, or equipment in
the creation of the work; or
- The project is sponsored through the University by agencies or persons outside the
University. (The contract terms of externally sponsored projects will control ownership
of work done pursuant to the contract or grant.)
- Policy 2:047 gives ownership to faculty of their "scholarly and creative works."
- Under this Policy, a faculty member or other institutional employee also retains title
to the copyrightable work if the work was developed solely through individual work
on personal time.
- Policy 2:047 defines "significant use" of institutional resources as cost to the institution in
the amount of $1,000 or more (In constant 1982 dollars). This equates to about $1,650
- Use of office personal computer alone is not considered a significant use of university
- This policy provides more specific policies about copyright ownership in the context
of distance education.
- Scholarly Works
- APSU wishes to encourage scholarly works. Therefore, APSU will not assert an interest
in scholarly works and creations related to the faculty member's professional field.
- faculty authored textbooks
- scholarly writing
- art works
- musical compositions
- dramatic and non-dramatic literary works
- Distance education, telecourse, and/or multimedia materials that are in the nature
of scholarly works created by faculty under the same circumstances that would lead
faculty to create more traditional scholarly works will be treated as scholarly.
- Scholarly work in this context would include course materials created by the faculty
when the factors listed in C and D, below, are not applicable.
- If the University wants to use such a work and/or share in its commercialization,
the institution should secure the desired rights in a contract with the faculty member.
- Student Work
- This policy does not apply to undergraduate or graduate students in the absence of
an employment or other contract.
- Generally, ownership of student works is controlled by copyright law.
- Works for Hire
- It is very important to have a written agreement assigning responsibility and rights
at the beginning of a project.
- Scope of Employment
- The University will have sole ownership of intellectual property created by its non-faculty
employees within the scope of employment.
- For example, if the University employs a non-faculty person to design a computer program
or to develop a promotional video, the copyright to the program or video belongs to
- The University should ensure that the job description for each relevant non-faculty
position includes the creation of or the assistance with the creation of distance
- The University should also be certain to add to the employment contract, either on
initial hire or with contract renewal, language which specifies that such works are
made in the scope of employment.
- In cases where there is a new assignment to the employee, an agreement in writing
signed by both the employee and an institutional representative is strongly urged.
- Distance education materials created by faculty members will be solely owned by the
- The faculty is required to create the materials for a specific class or department
by written institution or department policy e.g. (Common core course requirement);
- The faculty member is given release time to create the materials; or
- The faculty member is employed to create specific intellectual property/distance education
- In all cases, the institution and the faculty member should sign a "Work for Hire
- Commissioned Work
- Under the Copyright laws, (17 U.S.C. § 101, § 201) a work specially ordered or commissioned
is owned by the institution if the parties expressly agree in a written instrument
signed by both parties that the work will be considered a work for hire.
- Commissioned work is limited by the Copyright law to contribution to a collective
work, part of a motion picture or other audiovisual work, a translation, a supplementary
work, a compilation, an instructional text, a test, answer material to a test, or
an atlas. (17 USC § 101, "Work For Hire" definition).
- Joint Ownership
- Works may be created through the joint efforts of two or more faculty members or of
faculty and non-faculty employees working in the scope of their employment or working
under contract to provide services.
- Anyone who contributes the kind of expression protected by the copyright law is a
joint author if the contribution is intended to be part of an integrated whole.
- The University will be the sole owner if all the work is done as work for hire.
- The University and the faculty member may be joint owners of the final product if
a faculty member works independently but incorporates work done as work for hire by
University employees and/or contractors.
- It is VERY IMPORTANT at the beginning of the project to state the contributors' intentions
in a written contract signed by all contributors.
- The Office of Legal Affairs should be consulted to assist in contract drafting.
- Revision Rights
- A faculty member should normally retain the right to update, edit or otherwise revise
electronically developed course materials that become out of date, or, in certain
circumstances, should place a time limit upon the use of electronically developed
course materials that are particularly time sensitive, regardless of who owns copyright
in the electronically developed course materials.
- These rights and limitations may be negotiated in advance of the creation of the electronically
developed course materials and may be reduced to writing.
- Absent a written agreement, each faculty member will have the right and obligation
to revise work on an annual basis in order to maintain academic standards.
- If a faculty member does choose to revise the work and such revision is done in a
satisfactory manner, the faculty member retains the rights to full royalties as discussed
below for another year.
- If the University believes a revision is necessary and no revision is made or if the
revision made, in the institution's opinion, does not maintain academic standards,
the institution may refuse to market the product, or the institution may employ another
person to update the work and charge the entire cost of the revision against any royalties
paid to the original author.
- Royalty division should generally reflect the relative contributions of the parties.
- In accordance with APSU policy, faculty members shall receive all royalties that may
accrue from the commercialization of electronically published course materials they
create on their own initiative.
- On the other hand, the University retains all royalties that may accrue from the commercialization
of electronically published course materials created by faculty members pursuant to
contract or as a work for hire, including electronically published course created
as a condition of employment.
- Copyright law permits joint owners to pursue commercialization either jointly or separately,
with accounting. Other circumstances may require review on a case-by-case basis (such
as the creation of electronically developed course materials initiated by a faculty
member but using substantial institution facilities.)
- In instances of joint ownership between faculty members where the University also
retains rights to royalties, the faculty members shall determine by written document
the division of royalties.
- Absent a written document of division of royalties, the faculty members shall divide
their share pro rata based on participation.
APSU Policy 2:013 – Issued: March 25, 2017
President: signature on file