Lisa Beach

Questions about content ownership

Discussion created by Lisa Beach on Jun 2, 2016
Latest reply on Oct 20, 2016 by Gregory Krynen

While I have to say that I don't personally believe that Instructure has any desire to own my content (or that of any of our instructors), I do want to find out what other CCCs are doing about the questions that keep popping up regarding ownership of content placed in Canvas. From what I understand, ours is not the only campus on which this type of discussion is happening, and as the DE coordinator, instructors are looking to me for answers.


This is the wording in the Terms of Use that seems to be causing the confusion:


4.2 Your Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Instructure Properties. Instructure does not claim ownership of Your Content. However, you grant Instructure a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the Instructure Properties. When you as a User post or publish Your Content on or in the Instructure Properties, you represent that you have the authority to grant the aforementioned license to Instructure. Please remember that other Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any area of the Instructure Properties that is generally available to all Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.


My Customer Success Manager has tried to be helpful and sent me the statement used by "a large, East coast university with similar concerns." I have even tried to parse out the language myself and then attempted to explain it to our faculty. However, there is still a contingent that cannot get past the "However, you grant Instructure..." sentence.


I understand that we could ask our college's legal counsel to review the terms and make their own statement, but would it reasonable to ask someone with a legal background connected with the OEI to review the contract and terms and make a statement that might reassure all our faculty?


Just a thought...