GBRK Ownership of Employee-Produced Material

GBRK 

Ownership of Employee-Produced Material 

The district may have legal claim on all products or materials created by its employees, which in any way may be an outgrowth of their job responsibility. In order to minimize misunderstanding about the ownership of  employee-produced materials, the following procedures are to be observed by all persons who are, or might be, associated with creating materials in the course of their normal job duties. 

Ownership of Employee Produced Materials
Materials or devices created as part of any officially assigned district responsibility or classroom activity undertaken on school time, or during time for which the employee is compensated by the board, shall be the  property of the board. The board may patent or copyright all such materials or devices in its own name;  however, such items shall bear the name(s) of the creator(s). All royalties and other proceeds from the production, sale or distribution of the materials or devices shall be paid to the district. 

Instructional Projects
All instructional projects and possible change-orders are to be submitted to the superintendent to be subject to approval after he/she confers with the person in charge of computer operations. If additional costs are necessary for the development of the project, the superintendent may wish to seek board approval. 

Budget Control
All purchase orders and billings shall be approved by the superintendent and submitted to the board clerk. 

Federal Programs
Ownership of materials produced by an employee in a federal program during hours for which the employee as paid by federal funds and/or in which the use of federally funded supplies or equipment played a substantial role lies in the public domain. 

Materials Produced on Employee Time
The employee has all rights to ownership of materials produced on the employee’s own time without any compensation by the board or substantial involvement of district equipment and supplies. The school district may enter into an agreement with an employee regarding rights of use and ownership of instructional materials. 

Ownership Agreement
An Ownership Agreement shall settle all issues regarding the rights of ownership on all products or materials created by school district employees. If the employee does not initiate and enter into such an agreement within one year of the completion of the materials or devices, the rights of ownership shall belong to the  board. Any such agreement shall be approved by the board and recorded with the clerk of the board.  

Procedures to be followed include: 

• The employee producer shall complete the original with two copies for each claim. 
• The original and two copies shall be referred to the superintendent for review; 
• If approved, it shall be recommended to the board for final approval; if denied, the reason shall be prepared in writing and forwarded to the employee; and  
• The original copy of the final agreement shall be forwarded for filing with the clerk of the board, and copies shall be provided to the superintendent and employee.
• The agreement shall provide a specific description of all materials covered by the agreement, shall be valid to the extent that any employee can legally enter such an agreement and may include statements to the effect: 
  • That the material was produced by the employee on personal time during which the employee was not compensated by district funds, or by state or federal funds administered by the board, and without substantial involvement of district equipment and supplies. 
  • That the employee is the sole or partial owner of certain specific materials and may alter such materials as he/she chooses; 
  • That the board shall have use of such materials without charge, may alter such materials as it chooses, and may prepare at its own expense such materials for use in district classes; 
  • That the board shall not distribute such material to persons outside the district without the written consent of the employee, except for free distribution without reproduction rights to other Kansas school districts; 
  • That the employee may copyright or patent the material as he/she chooses; and  
  • That the employee may distribute and/or sell the material as he/she chooses. 

Adoption Date: 06/22/2009