Distance Distributed Learning Agreement (DDLA) information

The Distance/Distributed Learning Agreement (DDLA) is a university document that establishes:

  1. The intellectual property rights for online course materials and the finished product of course development for delivery in the online environment.
  2. Terms of compensation, if any, for new online course development or extensive course revision.

Questions regarding the DDLA should be directed to the Office of Faculty Affairs, 330-672-7771.

Faculty or staff interested in OCDE course development assistance for new course development or extensive revision of an existing course should submit a request via the service catalog.

FAQs

 

Is a DDLA required for all online course development?

A signed DDLA document is requried for ALL new online course development and extensive revision of an existing online course.

  • A new online course is defined as either not previously offered in the KSU course catalog or an existing on ground course being offered online for the first time.
  • An extensive course revision is defined as changes equal to or greater than 50% of the course learning materials, or substantial changes to course structure, course goals, and/or learning outcomes, such that the essential nature of the course is changed.
     

Does the DDLA apply to all faculty?

The DDLA document applies to full time non-tenure track and full time tenure track faculty who are part of the AAUP collective bargaining agreement. Part time adjuncts, graduate students, KSU staff, and non-KSU employee subject mattter experts are also required to complete a DDLA though are not bound to the same terms of the collective bargaining agreement.

Note: The DDLA document as it applies to non-tenured and tenured faculty may NOT be changed; edits to the document require the approval of faculty senate as part of negotiations related to the collective bargaining agreement. Since the terms of the collective bargaining agreement do not apply to part time adjuncts, graduate students, KSU staff, and non-KSU employee subject mattter experts, etc., the DDLA is essentially being used as a "template" for an intellectual property agreement.


Is a new DDLA required every time an existing online course is revised?

There are several factors that may require resubmission of a DDLA for an existing online course, including but not limited to the following:

  • Course development requires an extensive revision to the existing course.
  • The course developer currently responsible for revising an existing online course was not previously involved with the initial development of the course.
  • University funding, including course workload released, is provided for extensive revision of an existing online course.
  • The existing online course does not currently have an agreement form on file with the university.


How is the "Type " of the DDLA selected?

The type listed on the DDLA document corresponds to the type of "effort" put forth by the faculty and/or university in order to develop the online course. The types of effort are defined in the collective bargaining agreement, Article XX Section 3 (listed below):

Independent Faculty Efforts (Type I):  "Independent Faculty efforts" are "works" made in the course of independent efforts of the Faculty; the ideas came from the Faculty, and the "work" was not a University sponsored effort.  Intellectual property created by the Faculty member in the fulfillment of the Faculty member's normal duties and responsibilities under this Agreement is presumed to be an independent effort. 

Joint Effort (Type II):  "Joint Efforts" occur when the Faculty member and the University knowingly and voluntarily enter into a written agreement to specifically create or use such specified intellectual property as part of the fulfillment of the Faculty member's normal duties and responsibilities under this Agreement.

Compilation (Type III): Works which are created involving a combination of university-owned intellectual property together with faculty-owned intellectual property.

University Sponsored Efforts (Type IV):  "University sponsored efforts" occur only when the Faculty member and the University knowingly and voluntarily enter into a written agreement to specifically create such specified intellectual property.  Such efforts are not a part of the fulfilment of a Faculty member's normal duties and responsibilities under this Agreement.
 

How does "% ownership/net proceeds" work for Type II and III DDLAs?

Faculty who sign a Type II or III DDLA agreement do NOT receive a % of proceeds from the university when the course is delivered to students. Net proceeds are defined in the collective bargaining agreement, Article XX Section 3 (listed below):

Net Proceeds:  "Net proceeds" are the gross receipts derived from intellectual properties, including but not limited to rents, royalties, dividends, earnings, gains and sale proceeds, less all costs, expenses and losses paid or incurred by the University in connection therewith, including but not limited to, all direct costs and expenses, costs and expenses of obtaining, securing and protecting copyrights and all attorney's fees except those attorneys fees incurred in challenges to Faculty members' ownership claims or disputes.  Gross receipts do not include tuition and fees received by Kent State University.  Net proceeds from copyrights will be distributed in accordance with a written agreement between the University and the Faculty member.  If no agreement exists, the matter may be referred to the Intellectual Property Rights Resolution Board for determination of the distribution of the net proceeds.