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Madison Metropolitan School District

Employee Handbook 2021-2022

3.49 Work Made for Hire/Intellectual Property

Occasionally an employee has questions regarding the use of materials to be included in books or other commercial materials. Such materials created by the employee may include lesson plans, staff development presentations or tests/test items. Should an employee develop intellectual property (i.e., written documents, computer software, or other teaching equipment/ materials that may be published and/or produced for public sale) during time periods when s/ he is being paid by the District and during time periods when such employee is not being paid by the District, the District agrees to waive its rights under the copyright law relative to the property, provided that such employee makes available to the District copies of the property at no cost. This exception does not apply when an employee develops the intellectual property during time periods when the employee is exclusively working on the project while being paid by the District. Under these conditions, the property developed would become the property of the District. Under federal copyright laws, this is called “work made for hire.” An employee with questions regarding ownership or copyrights on materials prepared within the scope of his/her employment should consult with District Legal Counsel.

For additional information:

Board Policy 8221