massachusetts institute of technology (MIT)

OFFICE OF Digital Learning

MITx Materials Intellectual Property License and release form

course number / subject
contributor(s) name(s) / contributor(s) title(s)

MIT desires to use content and materials developed or to be developed by Contributor in connection with the MITX Course identified above. The copyrights in some of the content and materials are owned by MIT under MIT policy and practice, but the copyrights in other content and materials are owned by Contributor. Therefore, for good and valuable consideration, the sufficiency of which is hereby acknowledged, Contributor and MIT agree to the following:

  1. GRANT OF LICENSE: Subject to Section 4 hereof,Contributor hereby grants to MIT a perpetual, worldwide, non-exclusive, sublicensable license to:
  2. use and reproduce any texts, exams, videos, images and other content and materials that Contributor has provided or will provide to MIT for or in connection with versions of the MITX Course (collectively, “Materials”);
  3. modify and create derivative works of Materials or portions of Materials, but solely as contemplated by Section 5 hereof (collectively, Modified Materials”);
  4. incorporate Materials and Modified Materials into compilations and collections;
  5. distribute, broadcast, transmit, display, publicly perform and publish (i) Materials and (ii) Modified Materials to anyone in the world in any media now known or hereafter developed via web sites and any other means by or through which MIT makes educational content available; and
  6. use Contributor’s name, likeness, voice and biographical information in connection with the promotion of any version of an academic course offered, directly or indirectly, by MIT on the Subject that makes significant use of Materials or Modified Materials.
  7. COPYRIGHT: MIT acknowledges that nothing in this Agreement constitutes a transfer or assignment of copyright in Materials to MIT, and Contributor acknowledges that nothing in this Agreement constitutes a transfer or assignment of copyright in Materials owned by MIT to Contributor.
  8. ACCURACY OF MATERIALS: Contributor acknowledges that Contributor is solely responsible for the correctness of the Materials and their adherence to high academic standards.
  9. RIGHT TO USE: Misuse of third-party copyrighted work risks significant financial liability and may damage the reputation of MIT and its faculty. Contributors, therefore, must take reasonable measures to identify the source of anything in the Materials that is owned by a third party. With that understanding, Contributor confirms that:
  10. Contributor has used reasonable efforts to label or otherwise identify all objects included in the Materials for which Contributor does not or may not own the copyright or otherwise have the right to grant the licenses contemplated hereby (“Excluded Objects”) and will use reasonable efforts to label or otherwise identify all Excluded Objects in Materials Contributor later provides;
  11. Except with respect to Excluded Objects, Contributor believes Contributor has the rights necessary to grant the licenses granted to MIT in this Agreement; and
  12. if the Materials are based on work sponsored by a person or entity, other than MIT, Contributor has honored any rights of review or other obligations to such persons or entities.
  13. INTEGRITY OF CONTENT: MIT covenants that it will not alter or modify any item of content or material developed or provided by Contributor for the MITx Course, whether owned by Contributor (Materials) or by MIT, without Contributor’s prior written consent, other than to (a) adapt the content or material to technological platforms that will enable the content or material to be delivered or disseminated through a distribution channel, (b) remove or obscure third party content included in the content or material in the event the right to include the third party content is uncertain, (c) make the item of content or material accessible to non-English speakers by adding subtitles or captions, dubbing or other means, (d) increase the content’s or material’s accessibility to persons with disabilities or (e) in the case of problem sets, exams, lecture notes and similar text-based materials, omit problems, questions or sections of the text, but not modify individual problems, questions or sections. Notwithstanding the foregoing, if Contributor no longer has an appointment at MIT, MIT may, without Contributor’s consent, modify any item of content or material developed or provided by Contributor as long as (i) MIT owns the content, alone or jointly, and (ii) the modification is approved by the then head of the Department or unit principally responsible for the MITx Course.
  14. RESTRICTIONS ON REUSE OF FACULTY CONTRIBUTOR CONTENT. MIT has adopted a policy titled Restriction on MIT’s Reuse of Certain MITx Content. If Contributor is a faculty member, the policy, as in effect on the date Contributor signs this Agreement, will apply to Materials in which Contributor owns the copyright and to videos of which the Contributor is the subject that are made for the MITx Course.
  15. ENTITLEMENT TO COMPENSATION: MIT has adopted MITx Revenue Guidelines, which describe the circumstances under which certain contributors of content or teaching effort to an MITx course are entitled to share in revenues received by MIT that are directly attributable to offerings of that MITx course. Contributor’s share, if any, of revenues attributable to offerings of the MITx Course will be determined in accordance with the MITx Revenue Guidelines, as in effect at the time of the particular offering, or if the MITx Revenue Guidelines are no longer in effect, in accordance with any applicable successor or substitute policy.
  16. OTHER TERMS:
  17. Nothing in this Agreement obligates MIT to exercise the licenses granted hereunder.
  18. Nothing in this Agreement limits any rights in or licenses to Materials previously granted by Contributor to MIT.
  19. This Agreement binds Contributor’s heirs, assigns and successors in interest.
  20. This Agreement is governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America, without regard to any conflict of laws principles.

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contributor signature
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date signed / massachusetts institute of Technology
by:______
signature
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name (printed)
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title
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date signed

Version 6-2-2015