How To Keep Copyright On eLearning Content You Create

How To Keep Copyright On eLearning Content You Create

How To Keep Copyright On eLearning Content You Create

Should You Get To Keep Copyright On eLearning Content You Create For Your Employer?

The term Intellectual Property basically refers to creations of the mind, whether it’s industrial property, inventions and trademarks or literary and artistic works, such as novels, plays, films, paintings, photographs and music. Currently the IP for literary and artistic works is protected by the Berne Convention, which was completed in 1914 and amended several times, with the last being on September of 1979.

What happens, however, with eLearning content you create for a company?

Do you have the right to maintain your rights and reuse it or your employer is its sole owner? What happens in case of work previously created and used under a subsequent eLearning developer position? Is there a middle ground or is it pointless to even try to negotiate or claim your rights on it?

Business as usual

The most commonly followed practice for employers is to request from their eLearning developers to sign a contract saying that everything created under their payroll is the intellectual property of their company and that the latter is the sole owner of the work’s copyrights. From an employer’s perspective, this makes absolute sense and it’s undisputed. If they are paying you to create an eLearning course, they obviously expect to own the final eLearning product, just like an individual who hires a contractor to build a house obviously expects to exclusively own and use this house.

Meeting halfway

Nonetheless, it’s worth mentioning that some companies will actually allow their former eLearning developers to use parts of their eLearning work for their portfolio, as long as specific names, brands and policies are altered or even better omitted altogether. This kind of “sanitized” material can only be used this way, however, and not be re-sold, unless wording is completely different.

How to create your own Intellectual Property

Last but not least, always consult with a lawyer specialized in Intellectual Property, Copyrights, limitations and exclusivity before proceeding to any contracts or attempt to re-use previously created eLearning material for a different company, as legal battles over similar issues can be nasty and quite expensive. Relevant references

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