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Ownership of jointly created works shall be
determined by separately assessing which of the above categories
applies to each creator, respectively, and then determining
whether the parties had entered into an agreement regarding
ownership, rights and use. Whenever two or more creators work
together, questions regarding joint ownership arise. For example,
if a student assisted a faculty member with a project, was
the student compensated for his or her efforts (a "work for
hire" arrangement) or was it more of a collaborative effort
(which would arguably make the student a joint author)? If
a team of faculty members works together to create an online
"toolbox" for incoming college freshmen to be posted on the
college website, may individual members of the team use the
portions they created in other projects or venues? May the
college market and license the use of the toolbox to other
colleges? Whenever possible, creators working jointly should
discuss and decide these issues up front and formalize them
in a written agreement.
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