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Intellectual Property

 
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jbpatlanta



Joined: 02 Jun 2007
Location: Daejeon

PostPosted: Thu Nov 06, 2008 1:28 am    Post subject: Intellectual Property Reply with quote

Background: I used to work at a hagwon as a head teacher. While doing this I was involved in creating a lot of extra books that were used to supplement the reading books. All of the questions in the books I created were mine. I did not copy them or receive any help in creating these booklets. Most of the work was done on my own time, on my own computer, at my own house. However, I was paid extra to create these books.

Question: Now another school I am consulting with is interested in acquiring a copy of these books I made. Is it ethical for me to sell them a copy of these books as is? Or would I need to basically recreate the books for the new school using different questions, etc? Who owns the books I created?
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Thu Nov 06, 2008 7:44 am    Post subject: Reply with quote

First, take a look at your contract. Many have provisions to cover this. If not, then since you were paid to create these materials, it is likely that if the issue were pressed as a legal matter, your previous employer would own the rights to your materials since you were already paid for creating them.

There is also the issue of whether the materials are protected at all or are in the public domain. If a copyright and date was printed on the materials when they were copied and used, then the owner is listed on the materials and the issue is essentially settled. If no copyright was printed, the materials could very well end up in public domain, although they could possibly still be under copyright. In either case, your new employer would be paying you for something he could never actually buy or own, so you would be cheating your new boss by selling him this "Brooklyn Bridge."

It would probably be best all around to create new materials and avoid these issues, if the number of copies and money is significant.

If you are talking about a small number of copies there will probably be no issue as no one will notice and no one will care.
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Rumple



Joined: 19 Sep 2007

PostPosted: Thu Nov 06, 2008 8:34 am    Post subject: Re: Intellectual Property Reply with quote

jbpatlanta wrote:
Background: I used to work at a hagwon as a head teacher. While doing this I was involved in creating a lot of extra books that were used to supplement the reading books. All of the questions in the books I created were mine. I did not copy them or receive any help in creating these booklets. Most of the work was done on my own time, on my own computer, at my own house. However, I was paid extra to create these books.

Question: Now another school I am consulting with is interested in acquiring a copy of these books I made. Is it ethical for me to sell them a copy of these books as is? Or would I need to basically recreate the books for the new school using different questions, etc? Who owns the books I created?


If you were paid to create the books, then the IP doesn't belong to you, it belongs to your employer. You need to create new IP to sell to the other hakwon.
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Teelo



Joined: 09 Oct 2008
Location: Wellington, NZ

PostPosted: Thu Nov 06, 2008 1:20 pm    Post subject: Reply with quote

Hmm. If only I hadn't dropped out of that IP paper at uni...
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