The Scenario:
Imagine the career of a teacher prior to digital technology. The teacher would spend time developing lessons and activities that would be on paper or perhaps transparencies. In either case, if the teacher left their school, district, or even the profession of teaching itself, all that had to be done to protect the teacher’s intellectual property was to load up a car with boxes of teacher created materials. Very simple…. nothing to argue about….
Now imagine today…. The teacher creates lessons and materials digitally; storing them to the school district’s cloud based or network storage. Perhaps the teacher is uploading these teacher created resources on learning management systems for students to access that is owned and supported by the school district. The teacher choses to leave, but who owns the digital content? The teacher? The school? The school district?
The Copyright Act of 1976:
The Copyright Act of 1976 stipulates “that materials created by teachers in the scope of their employment are deemed ‘works for hire’ and therefore the school owns them”. Is this law is still applicable even though it was written before digital forms of intellectual property exists? The answer is technically, yes.
What about Teachers Pay Teachers?
So this piece of information leads me to immediately think about my favorite website to buy, sell, and share educational materials….Teachers Pay Teachers.
What about Teachers-Pay-Teachers? The guidelines of what can be used and shared and how it is to be used and shared is clear with any purchase on Teachers-Pay-Teachers. However, if a teacher is creating a lesson while employed and then selling those lessons for profit, then according to the Copyright Act of 1976 the teacher is selling property that belongs to the school district. There are so many grey areas to consider…What if a teacher is creating materials that they have not taught for a school district, but is still employed as a teacher. What about materials created at home during the summer when the teacher is not contracted to be at work? What about purchasing materials and saving them to a school network? Who would own them…the creator?…the school district employing the creator?…. the teacher purchasing use?… the school district of the teacher purchasing use?
So far this is just a debate and no legal action has been brought to Teachers Pay Teachers to my knowledge, but it still deserves discussion so that the Copyright Act of 1976 can be amended or a subsequent law can be created to protect the intellectual property rights of teachers.
What do you think? Please join the conversation by dropping a comment below.