Course Development Contracts

by P.D. Lesko

It’s common for an institution to ask part-time faculty who develop courses for use on-line to sign some kind of on-line course development agreement. We secured a copy of the Online Course Development Agreement used by faculty and administrators at Middle Tennessee State University. It is fairly typical as such agreements go, but there are terms over which a part-time faculty member would be wise to do some negotiation and deletion. These suggested modifications are only that, suggestions. We selected MTSU’s contract only to serve as an example of the kind of course development contract a part-time faculty member may likely be asked to sign.

Put simply, it is a contract between the faculty member and the institution and outlines the terms of the course development deal. In the world of academe, where part-time faculty may typically never be issued a contract for their teaching work in the classroom, the process of negotiating and signing a contract may seem either exciting or daunting. Regardless of your initial reaction, a contract is a legally binding document, and should be read over very carefullyprior to signing. Have an attorney who specializes in copyright law read any contract before you sign it, and be proactive in questioning the attorney about the terms of any course development agreement. Are there clauses you don’t undeerstand? Do you intend to commercialize your courses? What changes to the contract would the attorney suggest? Never sign a contract under the impression you’ll make changes later, or rely upon a verbal modification to the terms of the contract in lieu of changing the document in writing.

Quick Points

1. All clauses in a contract are open to negotiation by either party.
2. Define what is termed as “reasonable” and “equitable” in your contract.
3. Retain as many rights to your work as possible, and copyright your courses.
4. Negotiate a per student payment each time your course is used by the University.
5. Never accept a verbal promise, or amendment to a contract you sign.
6. Always keep copies of your courses.
7. For more information about copyright law, visit http://www.copyright.gov/
8. For more information about contract law visit http://www.bambooweb.com/articles/c/o/Contract.html