Legal Question in Intellectual Property in Illinois

While teaching full time in a 100 level, one-year certificate program at a private college, I was approached by the VP of the campus and asked to create a new Bachelor of Science degree for the college. This project was totally beyond the scope and realm of a certificate program instructor. I asked if I would be paid, and the response was "No", but I was then told if I created the program "it would be a promise of continued employment at the college." This project took hundreds of hours of research, writing of courses, creating concentrations, elective courses etc. I had the entire curriculum copyrighted and now the college is saying I do not have the rights to the copyright. Any help?


Asked on 1/07/10, 5:20 pm

1 Answer from Attorneys
Arnold Toole Toole Law Office, LLC

The answer to your question is not so simple. Were the promises in writing? Do you have any e-mails or other writings that discuss the sitautaion? Do you have an employment contract? What do the school policy manuals, rules, and regs say about any work you create at the school? In whose name is the project copyrighted?

Generally speaking, any work that you create on the school's time, with school facilities and resources, is going to belong to the school.

Did they fulfill their promise of continued employment? If not, you potentially may also have a breach of contract cause of action.

Feel free to call our office if you wish to discuss this matter further, 773-684-5730. This reply is specifically limited by the information provided, and does not constitute and attorney-client relationship.

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Answered on 1/13/10, 7:40 am


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