Concerned Learning Material Developers


What is Intellectual Property?

This topic contains 1 reply, has 2 voices, and was last updated by  Barbara Louw 2 months, 3 weeks ago.

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  • #71004

    Tass Schwab
    Participant

    We are dealing with the serious problem of stolen material in our Training Arena. When samples are requested we have found several Re-sellers, sending the exact same samples, and all of them are claiming IP.

    The four types of intellectual property include:
    Trade Secrets.
    Trademarks.
    Copyrights, and.
    Patents.

    Specifically, Training Material refers to Copyright.

    When Training Material is purchased from a reputable Training Material Developer or the better term is Instructional Designer, an SLA needs to be signed.

    Within the SLA there should be a space that looks like this:
    5. COPYRIGHT
    5.1 The Client does not hold the right to resell the Material to other institutions or academies in any form included but not limited to printed copies or electronic copies.
    5.2 The copyright of the Material belongs to the individual developers and the Client will be allowed to copy and distribute the material only to learners for the purpose of training.
    5.3 (For clarity the Client is entitled to sell the Material in its general dealings as an Academy in providing the qualifications and unit standards to its students, facilitators etc. but not to resell the material to a third party for Training use)

    Even if you form a new Company, you may not use the same material because this would be infringing on this. The Agreement is for YOUR COLLEGE and no other Colleges.

    The Copyright Act also makes provision for criminal penalties – a fine (of R5 000) and/or imprisonment of up to three years per infringement for a first conviction. The maximum fine and/or imprisonment penalty for second conviction is R10 000 and/or five years, per infringement.

    These are serious offences. Make google your friend and see what the arena in South Africa refers to.

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  • #71006

    Barbara Louw
    Participant

    Thank you for raising the topic. It is a huge problem, but nobody seem to take it serious enough.

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