Policy #8: Intellectual Property

8.1 Purpose

Art therapists assign credit to those who have contributed to any research publication in proportion to their contribution to said publication. Art therapists must honour the intellectual property of others; they must also assign or acknowledge credit for ideas or directives from other art therapists or related professionals.

8.2 Intellectual Property of Students

The student’s thesis is the intellectual property of the student. The student is required to provide the Institution with an electronic copy.

8.3 Intellectual Property of Faculty

All course material developed by CiiAT faculty contracted for instruction is the intellectual property of the Institution and is kept as part of the course material. CiiAT materials can be used in other contexts only with explicit written permission. Materials developed by faculty prior to teaching and/or developed for other contexts are to be used only with written permission.

Faculty publication of journal articles, video/films, and books are the intellectual property of the individual faculty member, except when the faculty member has been under contract to develop a specific educational material or textbook.

8.4 Publishing with Joint Authors

The primary author should be listed first. In the event of equal authorship, the names should be listed alphabetically. Care should be taken around student and faculty joint publications to see that the student is acknowledged appropriately for their authorship and contribution.

8.5 Nature of an Online Course

An online course implemented in the Institution’s Learning Management System (LMS) is an organized collection of articles, notes, media, assignments, exercises, online communications, tests, and similar materials. Some of the materials posted and used in the course may be previously authored and copyrighted work. Some learning resources may exist as links to other copyrighted materials existing on the Internet. Some materials may have been specifically designed in the Institute for this course with Institute support. Thus, the course exists as a collection of teaching artifacts, some of which are separately copyrighted and some of which originate from supported development.

8.6 Copyright Ownership

A course produced under sponsorship and support of the Institute is a work made for hire and therefore the copyright to the course will be held and exercised by the Institute.

8.7 Named Credit and Acknowledgment

Copyright holders contributing to the substantive course content or materials will receive acknowledgment and named credit.

8.8 Limitations on Use of the Course

Because the course is a collection of copyrighted works, some originating from Institute supported development and others predating the development, or existing apart from the Institute sponsored development, the following limitations on use exist:

• The course cannot be sold, or transferred to a third party without written permission or license from each author or copyrighted works contained in the course.
• All use of each individual item of copyrighted work must comply with all applicable law, contracts, and licenses. For example, faculty must seek permission to include an illustration, article, or similar copyrighted work in the course. Such permission should include permission for use in subsequent semesters.

8.9 Rights Reserved by the Canadian International Institute of Art Therapy

As a holder of the copyright for the course, the Institute retains the following rights; however, this list should not be considered to include all of the rights reserved to the Institute:

1. The right to use the course for credit and non-credit instruction without payment of any royalties, fees, or residuals to the course authors/developers, nor payment to any third parties holding copyright to elements used in the course except as provided by negotiated license or contract.
2. The right to use the course to create a derivative work in subsequent semesters.
3. The right to use the course beyond the involvement of the original author/developers.
4. The right to prohibit the use of the course as designed, and its subsequent derivative designs, at another institution during the useful life of the course at CiiAT.
5. The right to control the distribution and use of all intellectual property to which the Institute holds the copyright and named ownership.

8.10 Instructor/Faculty-Reserved Rights

1. The faculty author/developers and any third-party authors/producers whose pre-existing work is incorporated into the course retain all rights of ownership in these materials.
2. The faculty author/developer who includes their own pre-existing and copyrighted works into an Institute-supported course development grants the Institute a non-exclusive, royalty-free right to use the material as part of the course, including subsequent derivative works, during its useful life. In such cases, the author/developer retains all other rights of ownership to the work and will be credited and acknowledged in all Institute uses of the work.
3. The faculty author/developer is granted the right to use the substantive content of the course materials, without requiring further consent or approval by the Institution, in any scholarly or creative works that do not compete with the Institution’s actual or intended use of the course material. In particular, the author retains the right to use the content in textbooks, journal articles, conference presentations, consulting projects, and other scholarly works or professional activities.
4. The faculty author/developer retains the right to request permission from the Institute to use parts of the course or the course in its entirety at another institution or setting. Granting of permission will be at the exclusive and sole prerogative of the Institute.

8.11 Quality, Clarity and Currency Assurance

Through the administration of the Program Advisory Committee, the faculty shall have full responsibility for the substantive and intellectual content of the course material, both at the time of their production and in subsequent uses; faculty shall be expected to deliver accurate and current information and content.

8.12 General Statement of Intent

1. It is the intent of the Canadian International Institute of Art Therapy to train faculty, develop online courses in its curriculum, and develop culturally diversified, inclusive, and appropriate courses and materials. The Institute seeks to create a copyrighted work for the purpose of leasing, selling, or licensing the work to third parties.
2. The Institute seeks no copyright ownership of individual works of substantive and scholarly intellectual content created by faculty authors/developers. The Institute seeks to use the materials that have been incorporated into the course design without payment of royalty, fee, or license in all current and future uses of the course.
3. The Institute seeks the right to prevent the use of the course, as developed, at any competing Institution or organization.
4. The Institute will not prohibit faculty authors from using the substantive content or scholarly works created as a part of this project in other scholarly and professional endeavors.