Copyright Basics

Under most circumstances, TCC Faculty own their intellectual property. This includes being able to license their works how they like, either openly licensing it under Creative Commons, or protecting it under (the default) all rights reserve: copyright protected ©

Current TCC Faculty CBA (2025-2027)

8.60 Intellectual Property

(a) In order to foster free and creative expression and exchange of ideas, the College recognizes the right of faculty members to exercise individual initiative in creating materials that are protected under federal copyright statutes. This Section works to balance the faculty members’ interests and ownership rights in intellectual property and copyrightable materials while recognizing the College’s role in supporting faculty in the creation of materials and also complying with the Ethics in Public Service Act. For purposes of this section, intellectual property is defined as any material, process, or invention created by an academic employee.

(b) An employee who creates intellectual property, including instructional materials, has primary claim to ownership of that property and has the right to use and license that property.

(c) In those instances, in which intellectual property is created by an employee with College or state support beyond that allowed by state law*, the ownership of the intellectual property and provision for any residuals shall vest in both the College and individual(s) who created that property who may modify or utilize it at will, unless designated by written agreement between the parties entered into prior to the production.

(d) Intellectual property owned solely by the employee while employed at TCC may be published through College resources in the same form and attributed to the owner as long as the content has not become outdated or inaccurate.

(e) Third parties may license or purchase intellectual properties created by an employee only from the owner(s) of that property, namely the employee, the College, or the employee and the College jointly.

(f) If two or more employees collaborate in creating intellectual property at the direction or provision of the College, intellectual property shall vest between all employees and the College, absent a written agreement.

(g) A written agreement to clarify or modify ownership of intellectual property may be initiated, on a case-by-case basis, at the request of either party, individual faculty member(s) or the College.

*allowed by state law: regular salary, the use of office space and equipment for example