A growing attention to the ownership of materials created by teachers may alter dot.com business plans

Internet Strategies for Education Markets: The Heller Report, March, 2001

Furthermore, Chmielewski points out that as a new generation of teachers moves in at record pace, the schools will be filled with entrepreneurial, technologically skilled teachers who are likely to negotiate individual terms for their employment contracts.

Shop Right to Displace Work for Hire?

It is likely that the unions will push a move away from work-for-hire agreements in favor of shop right arrangements. Chmielewski9 explains that this allows the creating teacher or faculty member to retain ownership of the materials they have created, but the institution gets a license to use the materials as a part of their own program. It is an approach, she explains, which gives teachers incentive to create high quality materials -- and encouraging creativity and inventiveness, is, after all, the point of copyright law.

She adds that she expects to see creative agreements within shop right arrangements, perhaps including a publicity clause so that the district is always recognized if the materials are sold or otherwise used elsewhere. A shop right agreement also makes it possible for teachers and districts to share revenue when a product is sold. The district, after all, might be a more powerful marketing force than an individual teacher.