Is this legal?

[bef]

What is the name of your state (only U.S. law)? MA

I wrote an electronic textbook on my summer for use in my course this fall. I wanted to protect my copyright so I wanted to charge a nominal fee for the use of the book say $25 because I teach a freshman course and I am concerned that making the book available for free will invite violations. So I asked the university whether I could have the students pay $25 to the university with the funds being placed in an account I could use for teaching expenses. The university came back and said that what I wanted to do presented a conflict of interest and that I could not do that but I would have to have the bookstore sell the book because the university has an existing contract with the bookstore. Based on the university’s contract with the bookstore, students could buy the book from the bookstore, with an agreement between you and the bookstore as to how the charge for the e-book would be divided between you and the bookstore. They said that this solution provides some monies to you as well as to the bookstore, which whom they have a contract. I feel that this is unethical. I do not see why the bookstore should receive ANY money since they did not provide me any services and I have no contract with the bookstore. Is this legal? Do I have any other options other than simply letting the students have my work for free? If I do that it seems to me I will have no way to protect my intellectual property. Thank you!

 

[cbg]

Why do you think the university is obligated to enter into a contract with you to use your book?

 

[bef]

Why do you think the university is obligated to enter into a contract with you to use your book?

I teach the course and I wrote the textbook for this course. If I do not use this textbook then I am not prepared to teach the course. I don't know if it matters but I am a tenured full professor. I wrote the textbook because there is only published textbook which is error-ridden and which has not recently been revised by the only commercial publisher.

 

[quincy]

What is the name of your state (only U.S. law)? MA

I wrote an electronic textbook on my summer for use in my course this fall. I wanted to protect my copyright so I wanted to charge a nominal fee for the use of the book say $25 because I teach a freshman course and I am concerned that making the book available for free will invite violations. So I asked the university whether I could have the students pay $25 to the university with the funds being placed in an account I could use for teaching expenses. The university came back and said that what I wanted to do presented a conflict of interest and that I could not do that but I would have to have the bookstore sell the book because the university has an existing contract with the bookstore. Based on the university’s contract with the bookstore, students could buy the book from the bookstore, with an agreement between you and the bookstore as to how the charge for the e-book would be divided between you and the bookstore. They said that this solution provides some monies to you as well as to the bookstore, which whom they have a contract. I feel that this is unethical. I do not see why the bookstore should receive ANY money since they did not provide me any services and I have no contract with the bookstore. Is this legal? Do I have any other options other than simply letting the students have my work for free? If I do that it seems to me I will have no way to protect my intellectual property. Thank you!

Your copyrights in your book protect your work. I suggest you register your work with the US Copyright Office (http://www.copyright.gov) and take legal action against infringers if your work is copied without your authorization.

This is assuming the copyrights in the book are actually yours to register and are not the property of your university employer. This might be a big assumption.

You might want to read over your contract and/or consult with your university's legal department. Many works created during the course of one's employment become the property of the employer if the work falls within the scope of the employee's duties. These works are considered works made for hire.

Again, review this with your university's legal department.

 

[cbg]

I teach the course and I wrote the textbook for this course. If I do not use this textbook then I am not prepared to teach the course. I don't know if it matters but I am a tenured full professor. I wrote the textbook because there is only published textbook which is error-ridden and which has not recently been revised by the only commercial publisher.

That still does not obligate the university to allow you to use them as an agent to sell the book to students with you taking all the profits.

 

[bef]

That still does not obligate the university to allow you to use them as an agent to sell the book to students with you taking all the profits.

Not exactly sure what you are saying here. Use them as an agent to sell the book? I am not using the university to do anything. The whole goal here isn't to make a profit. I am trying to save the students money and give them a quality resource.

 

[cbg]

Okay, let's nail this down.

It is 100% legal for the university to refuse the terms you have offered. It is 100% legal for them to offer other terms instead.

Up to you whether to accept them or not, but there is no law you can invoke and no legal principle you can stand on that will force them to do it your way. Or at all.

 

[TheGeekess]

What is the name of your state (only U.S. law)? MA

I wrote an electronic textbook on my summer for use in my course this fall. I wanted to protect my copyright so I wanted to charge a nominal fee for the use of the book say $25 because I teach a freshman course and I am concerned that making the book available for free will invite violations. So I asked the university whether I could have the students pay $25 to the university with the funds being placed in an account I could use for teaching expenses. The university came back and said that what I wanted to do presented a conflict of interest and that I could not do that but I would have to have the bookstore sell the book because the university has an existing contract with the bookstore. Based on the university’s contract with the bookstore, students could buy the book from the bookstore, with an agreement between you and the bookstore as to how the charge for the e-book would be divided between you and the bookstore. They said that this solution provides some monies to you as well as to the bookstore, which whom they have a contract. I feel that this is unethical. I do not see why the bookstore should receive ANY money since they did not provide me any services and I have no contract with the bookstore. Is this legal? Do I have any other options other than simply letting the students have my work for free? If I do that it seems to me I will have no way to protect my intellectual property. Thank you!

So, server space, bandwidth/internet, maintaining said server, and rent/lease of space are free? Rent/lease/electricity/water/employees-and-benefits are free? Really? What economics/accounting classes have you taken?

 

[quincy]

Not exactly sure what you are saying here. Use them as an agent to sell the book? I am not using the university to do anything. The whole goal here isn't to make a profit. I am trying to save the students money and give them a quality resource.

Just make your book available online for the students, then. If your work is copied or distributed without your consent, take legal action against the infringers.

Because you do not intend to profit from book sales, I am not seeing your issue - other than a possible one if the text needs to be approved by the university for use in the course and isn't, or if the university holds the copyrights and doesn't authorize your intended use.

 

[cbg]

Oh, but that way he won't be able to charge a "nominal fee" that he will then be able to use for teaching expenses. Making the book available for free isn't the way to go at all.

 

[not2cleverRed]

Not exactly sure what you are saying here. Use them as an agent to sell the book? I am not using the university to do anything. The whole goal here isn't to make a profit. I am trying to save the students money and give them a quality resource.

You have tenure at that specific university.

You have a contract with that specific university.

Additionally there are also various rules you must abide by - university policy guidelines.

The university's bookstore has a contract with the university. It is highly likely that there is something in the university's policies that course material should be available at the bookstore.

You have been told, by others on this board who have university experience and HR experience, that part of the terms of your employment are that this textbook is likely the property of the university. Yes, you created it, and yes, you regard it as your intellectual property, but you created it specifically for a class that you are teaching at that university. You cannot argue that this work is separate and independent of your employment and research.

I understand that you want to give the students a financial break.

Using the university bookstore for the distribution of the e-book give your copyright more protections, not less. The university bookstore has the university's legal backing them to pursue flagrant violators. You have???

If you have an issue with the university's rules, take it up with the Faculty Senate.

 

[stealth2]

What is the name of your state (only U.S. law)? MA

I wrote an electronic textbook on my summer for use in my course this fall. I wanted to protect my copyright so I wanted to charge a nominal fee for the use of the book say $25 because I teach a freshman course and I am concerned that making the book available for free will invite violations. So I asked the university whether I could have the students pay $25 to the university with the funds being placed in an account I could use for teaching expenses. The university came back and said that what I wanted to do presented a conflict of interest and that I could not do that but I would have to have the bookstore sell the book because the university has an existing contract with the bookstore. Based on the university’s contract with the bookstore, students could buy the book from the bookstore, with an agreement between you and the bookstore as to how the charge for the e-book would be divided between you and the bookstore. They said that this solution provides some monies to you as well as to the bookstore, which whom they have a contract. I feel that this is unethical. I do not see why the bookstore should receive ANY money since they did not provide me any services and I have no contract with the bookstore. Is this legal? Do I have any other options other than simply letting the students have my work for free? If I do that it seems to me I will have no way to protect my intellectual property. Thank you!

Wait!!! WE get some of the fantastical money this book will reap??? Cool, thank you! Where shall I send my details regarding receiving my portion?

Although I must wonder - what interest would the students have regarding your summer?

You don't teach English, do you?

 

[not2cleverRed]

Wait!!! WE get some of the fantastical money this book will reap??? Cool, thank you! Where shall I send my details regarding receiving my portion?

Although I must wonder - what interest would the students have regarding your summer?

You don't teach English, do you?

Hopefully OP doesn't teach Logic either.

 

[xylene]

Again, review this with your university's legal department

The University lawyer may not represent the OP's interests

OP needs his own lawyer to look at this.

 

[quincy]

The University lawyer may not represent the OP's interests

OP needs his own lawyer to look at this.

The university legal department can go over bef's contract terms and the contract the university has with the bookstore to determine bef's rights and obligations. It is free counsel.

If bef wants to ASSERT rights to his material, he will probably want his own attorney at that point.