Whereas faculty members regularly engage in intellectual work on the basis of individually-directed professional activity, above and beyond their minimal contractual obligations, and
Whereas the creators of intellectual works not commissioned or assigned by the college or the district are judged independently on the merits of work considered conventionally to be their own, and
Whereas distributed learning (both distance learning and online learning) through the community college districts transforms the presentation of that intellectual work, and thereby poses potential conflicts regarding the faculty members' proprietary interest in their creative works,
Resolved that the Academic Senate reaffirm that the intellectual property rights of faculty shall be protected, and
Resolved that the Academic Senate endorse the principle that, unless specifically commissioned or assigned by the college and/or the district, traditional faculty-developed academic works (e.g., class notes and syllabi; recorded instructional activities; books and articles; works of fiction and nonfiction; poems and dramatic works; musical and choreographic works; pictorial, graphic, and sculptural works; and educational software, commonly known as "courseware and electronic media") are not considered works for hire and therefore remain the intellectual property of their faculty creators.
The "Technology in Education: A Summary of Practical Policy and Workload Language" paper was adopted in Spring 2000.