1. Introduction

With the continuing threats of the coronavirus disease (COVID-19) to the well-being of everyone, online learning will be the new norm for teaching and learning in De La Salle-College of Saint Benilde. For this purpose, Benilde has directed the full online delivery of courses during the Benilde Online Learning Term (BOLT) from July 01 to August 26, 2020, as well as full and blended online delivery of courses by term 1 of SY 2020-2021 beginning September. To this end, Benilde has directed the faculty to transform traditional classroom instructional materials into creative and effective online learning materials. The online learning materials to be produced are expected to demonstrate high value distinction and enhanced content as compared with similar courses offered online.

To produce high quality and distinctively Benildean online learning materials De La Salle-College of Saint Benilde will invest substantial resources in their development and production, including faculty training, post-production and editing, laboratory, equipment and technical support, and workload equivalency for the faculty as compensation. Online courses will be mainly delivered through Benilde’s learning management system, BigSky. For these reasons, Copyright to the online learning materials are retained by De La Salle-College of Saint Benilde as Benilde IP.

2. Scope

These Guidelines apply to all faculty of De La Salle-College of Saint Benilde, part-time and full-time, assigned to transform classroom instructional materials to online learning materials for full and blended online delivery during the Benilde Online Learning Term (BOLT) and succeeding academic terms.
 

3. Purpose

The Benilde Copyright Guidelines for Online Learning is intended to support the faculty/author in developing high quality and distinctively Benildean content and materials that do not infringe on intellectual property rights of others and are within the norms of academic integrity.

4. Objectives

4.1. Establish guidelines on the ownership of intellectual property, use rights and management of online learning materials created for BOLT and succeeding academic terms.

4.2. Guide the faculty in developing online course materials that do not infringe on the intellectual property rights of others by educating them on intellectual property policy and rules.

4.3. Share Copyright strategies, tools and resources that are useful and safe for creating online learning materials.

5. Authority

The Intellectual Property Management Center (IPMC) under the Office of the Chancellor shall administer and monitor the implementation of the IP Rights Policy, and in connection therewith, formulate implementing rules and regulations, and from time to time issue specific guidelines to effectively implement the Benilde IP policies. (Art. 7.2.2.1, IP Rights Policy).

De La Salle-College of Saint Benilde through the IPMC, may issue appropriate guidelines for the protection and recognition of intellectual property of the Benilde Community and Benilde IP, created or developed from the application of the provisions under Art. 4.6 (Art. 4.6, IP Rights Policy).

6. Definitions

Author A faculty member of the De La Salle-College of Saint Benilde who creates online learning materials.

Benilde IP Includes work created, developed or produced under any of the following instances: using funds provided by Benilde; with the substantial use of Benilde resources; in pursuance of their regular duties and responsibilities under a contract with Benilde; when commissioned by Benilde and it was agreed that the intellectual property shall belong to Benilde, or created under the direction or control of Benilde in pursuit of a specific project or purpose, regardless of the source of funds or other resources; when the work is a work for hire; when the work or invention was developed by the student when he/she received financial support from Benilde, either in the form of a scholarship, waiver of tuition fees, stipend or allowance, regardless of the amount; and when the intellectual property to an invention or work was assigned to Benilde (Art. 4.6.1 IP Rights Policy).

Course Materials Refer to materials provided by the faculty to be used in connection with the course. This may include lecture notes, syllabi, study guides, case studies, assignments and exercises, assessment tools (e.g., quizzes and tests), bibliographies, visual aids, images, diagrams, multimedia presentations, web-ready content and educational software.

Course Recordings Covers all audio, visual, or audio-visual recordings that aid online learning associated with the course.

Faculty Agreement for Online Learning The binding agreement between the Faculty/Author and De La Salle-College of Saint Benilde establishing the copyright ownership, management and use rights of online learning materials.

Institutional Work A work created upon the initiative and under the direction of Benilde, and for the use of Benilde, by a person acting within the scope of his/her employment, or subject to a written contract with Benilde (Art. 3.12 IP Rights Policy).

Instructional Materials Works which are primarily used for the instruction of students. These include

audiovisuals, textbooks, multimedia presentations, syllabi, handouts and study guides. (Art. 3.13 IP Rights Policy).

Online Learning Materials (OLMs) Refer to the curated and digitized works and technology-based instructional materials created by the Faculty/Author to be primarily used for the instruction of students during the Benilde Online Learning Term (BOLT) and succeeding academic terms for full online or blended online delivery. OLMs may incorporate and use Benilde IP (ex: original images, video/audio clips created by Benilde; institutional marks, other Benilde resources), faculty IP (ex: original instructional materials, research work), or student IP (ex: thesis, class assignments and projects) pursuant to the Use Rights set forth in Art. 3.2 of the IP Rights Policy.

Platform The online distribution method or service used for deploying the online learning materials or course materials. This refers to BigSky, the learning management system used by Benilde, or other methods or services managed by third parties and authorized by Benilde to be used for publication or distribution of online learning materials.

Policy or IP Rights Policy The De La Salle-College of Saint Benilde Intellectual Property Rights Policy and its amendments. The IP Rights Policy Implementing Rules and Regulations and its amendments, and IP Guidelines issued by the IPMC from time to time, form part of the Policy (Art. 3.20 IP Rights Policy).

Substantial Use of Benilde Resources Refers to the use of Benilde resources above and beyond the type or level of resources commonly provided to a similarly situated member of the Benildean Community. Substantial use of resources also include the use of Benilde resources that result in additional expenditure by Benilde, or the use of Benilde’s proprietary equipment, specialized resources, or other intellectual property owned by Benilde (Rule 1.6 IP Rights Policy IRR).

7. Guidelines

Pursuant to Art. 4.6 and Art. 7.2 of the IP Rights Policy, the following guidelines are established to govern the intellectual property rights, and define the terms and conditions in the creation, ownership, and management of online learning materials in Benilde:

7.1.Benilde Copyright for Online Learning Materials The online learning materials and course recordings created by Faculty for the Benilde Online Learning Term (BOLT) and succeeding academic terms for full online and blended online delivery are Copyrightable Institutional Works that form part of Benilde IP, including any future updates and revisions to the online learning materials. De La Salle-College of Saint Benilde retains and manages copyright to Benilde IP. All online learning materials shall bear the Benilde Copyright notice.
 

7.2. Authorship The Faculty who authored the online learning materials shall be named the Author. In cases of joint authors, all Authors shall be named and shall enter into individual agreements. In reference to Section 7.1 above, the Faculty/Author agrees to submit to Benilde updates initiated by the Faculty/Author to the online learning materials to ensure that the materials are current and relevant for online learning.
 

7.3. Assignment of Rights Subject to the terms and conditions set forth in the Faculty Agreement for Online Learning and for consideration received, the Faculty/Author shall perpetually and irrevocably assign any and all his/her intellectual property rights to the online learning materials created to De La Salle-College of Saint Benilde for educational, non-commercial purposes, including the rights to use, publish and distribute the Faculty/Author’s name, voice, image or likeness in course recordings (whether still, photograph or video).
 

7.4. Use rights of authors The Faculty/Author is granted a non-exclusive, royalty-free, perpetual and irrevocable right to use the online learning materials for personal, educational, scholarly, research, non-commercial purposes. Provided, that no alteration or modification in the form, presentation or content of the online learning materials shall be made, including removal of the Benilde name, logo, and Benilde Copyright notices. The Faculty/Author retains his/her intellectual property rights to his/her original course materials for professional and other legitimate purposes.
 

7.5. Representations and Warranties The Faculty/Author represents and warrants as follows:

a. The course materials and online learning materials are Faculty/Author’s original work.
b. The online learning materials will not infringe upon any copyright or other intellectual property rights of any other person.
c. The online learning materials will not contain defamatory or other unlawful material.
d. The Faculty/Author has obtained all necessary permissions from all other persons who have contributed to the course materials of and the online learning materials.
e. The Faculty/Author has properly cited all sources and references, and has complied with the standards of academic integrity.
 

7.6. Modifications to Online Learning Materials De La Salle-College of Saint Benilde reserves the right to modify or revise the online learning materials, to create updated versions, new formats or derivatives, to delete minimal or substantial portions, and to reproduce, exhibit, publish, or distribute the modified or updated online learning materials in BigSky or other platforms authorized by Benilde, without need of permission from the Faculty/Author. For such purposes, Benilde may assign to the Faculty/Author the modification or revision of the online learning materials, or designate another faculty at the discretion of Benilde.
 

7.7. Compensation For creating the online learning materials the Faculty/Author will receive as full compensation the amounts equivalent to the computation stated in their respective Faculty Agreements.
 

7.8. Faculty Agreement for Online Learning De La Salle-College of Saint Benilde and the faculty participating as Author shall enter into a Faculty Agreement for Online Learning prior to engaging in the creation of online learning materials for BOLT and succeeding academic terms. If for any reason the faculty is not able to execute the faculty agreement, these Guidelines and the Benilde IP Rights Policy will govern issues on ownership, management and use of the online learning materials.
 

7.9. Deployment of Online Learning Materials on BigSky The online learning materials created for BOLT and succeeding academic terms shall be uploaded and released by the Faculty/Author and/or Benilde to enrolled students using the Benilde online learning management system BigSky, or through other third party platforms authorized by Benilde for the distribution of online learning materials. Students granted access to online learning materials through through BigSky and authorized platforms shall be advised not to distribute the online course materials and modules to unauthorized persons.
 

7.10. Copyright course All faculty tasked to transform their classroom instructional materials to online learning materials including course recordings as defined in these Guidelines, shall undertake a short course on Copyright prior to creating online learning materials. The Copyright course is annexed and made integral to these Guidelines.
 

7.11. Updates to Guidelines The IPMC may update these Guidelines from time to time when necessary to address specific concerns.

8. References

De La Salle-College of Saint Benilde IP Rights Policy and IRR 2nd Edition 2018-2021 Intellectual Property Code of the Philippines

University of California San Diego. Online Course Development Agreement. Retrieved from https://www.digitallearning.ucsd.edu/_files/Online-License-and-Revenue-Sharing-Agreement--- August-2019.pdf

Purdue University University Policy Office. (2019). Courseware and Online Modules. Retrieved from https://www.purdue.edu/policies/academic-research-affairs/s19.html#appendix

Kent State University. Distance/Distributed Learning Agreement. Retrieved from https://www.kent.edu/sites/default/files/file/dl-agreement-with-print-name-added.pdf