PREPARATION AND SALE OF INSTRUCTIONAL MATERIALS

I. Statement of Policy

Increasingly, faculty members may choose to rely on sets of instructional materials which they have specifically developed to fit their particular needs and purposes for one or more courses. These instructional materials may include class meeting and examination schedules; reading assignments; statements of the faculty member's expectations and requirements for the course; reading lists; substantive materials dealing with course content, including documents authored by the faculty member or by other faculty members in the department such as texts, laboratory manuals, descriptions of experimental protocols, hypothetical cases for discussion, and similar items; and substantive materials authored by the faculty member or by others inside or outside the University and reproduced from professional journals, periodicals, and books. The selection, development and organization of documents to be included in such sets of instructional materials--which will be referred to in this policy statement as "course packs"--is clearly a matter for the faculty member's professional judgement. However, the preparation of course packs and their subsequent sale to students raises concerns of potential copyright infringement, potential conflicts of interest, and potential misuse of the proceeds of sale.

It is the policy of the University that in the preparation and distribution of course packs, copyright law requirements shall be observed, conflict of interest concerns shall be properly addressed, and University requirements pertaining to the sale of course packs shall be observed, as described in the succeeding sections of this policy statement.

II. Copyright Requirements

It is the responsibility of the faculty member to reproduce copyrighted works in a course pack only when such reproduction is consistent with copyright law. Under certain limited circumstances, reproduction of copyrighted materials may constitute "fair use" and it is not necessary to obtain the permission of the copyright owner before producing copies in a course pack. However, in most cases it will be necessary to secure the permission of the copyright owner before making copies. Copyright owners may or may not require the payment of a fee or royalty before granting permission for a given document to be reproduced in a course pack. The cost of paying such royalties or fees is usually passed on to students who purchase individual copies.

To avoid liability for copyright infringement, reputable commercial copying shops will refuse to reproduce course pack materials without accurate source information and documentation of any necessary consent from the copyright owner. Because the University lacks control over the practices of off-campus shops, a faculty member who uses them to reproduce excerpts of copyrighted material for course packs will be individually responsible for claims of infringement resulting from the off-campus copying.

The Campus Bookstore will assure that all materials which it agrees to reproduce for sale will be copied only when such reproduction is carried out consistent with copyright law.

More information regarding classroom use of copyrighted materials is detailed in a document entitled The Guide to the New Copyright Law prepared by the UNC Charlotte library staff. The Office of Legal Affairs is available to provide advice on specific copyright questions.

III. Conflict Of Interest

When a faculty member stands to derive a personal financial benefit from the sale of a course pack students are required to purchase, as by receiving a royalty or fee for each copy sold, the potential for a claim of conflict of interest arises. The claim is that the faculty member's selection of materials for the course is or could be improperly influenced by the prospect of financial gain. The University's policy "Textbook and Educational Material Adoption" (Policy Statement #76) provides a review procedure which must be followed in such cases to assure that the faculty member is protected against claims of conflict of interest. The procedure applies whether the course pack is sold through the University Bookstore or through any off-campus provider such as a commercial copying shop.

IV. Requirements for Pricing, Sale, And Use of Proceeds from the Sale of Course Packs

Sale of course packs directly to students by faculty members is not permitted, whether or not the faculty member may receive a personal financial benefit from such sale. Such direct sales frequently lead to the claim that the faculty member is using the faculty position to receive a personal benefit from the sale, or that funds received by the faculty member are mishandled or misused.

To avoid claims that the faculty member has selected a particular off-campus shop on the basis of personal financial gain, he/she should refrain from receiving incentives or rewards (other than complimentary copies of the course pack) from such off-campus copy centers.

All sales of course packs under University auspices must be made through the University Bookstore. Direct sales by colleges or departments are not permitted. The University Bookstore is permitted to include in the sales price of course packs sold to students a reasonable amount to recover its legitimate handling costs.

The price for course packs charged students at the University Bookstore may, in the discretion of a college or department, also include a modest and reasonable surcharge earmarked for use by the originating college, or department, or both. The proceeds from such a markup may be used by that department or college only for the purpose of developing, revising, and enhancing instructional materials produced by the department or college.