Following recent discussion, below is a proposed one-page set of guidelines to clarify when Michigan Virtual content should be released under a Creative Commons license and when it should remain copyrighted. These are intended for review and final approval.
Purpose
To establish consistent decision-making regarding intellectual property, aligned with our legislative directive, GoOpen leadership role, revenue strategy, and partnership commitments.
Summary
If we want others to use, adapt, and share the content, apply a Creative Commons license.
If we want to restrict use for revenue, brand, or contractual reasons, retain full copyright and consider applying for formal copyright.
Foundational Understanding
All original content created by Michigan Virtual staff is automatically copyrighted upon creation as work-for-hire. If no additional license is applied, the content is considered all rights reserved. Content created by Michigan Virtual employees in the capacity of their employment is the intellectual property of Michigan Virtual and not the individual.
Creative Commons is a licensing framework that allows us to grant defined permissions for reuse of copyrighted content. Applying a Creative Commons license does not remove ownership. It clarifies how others may use the work.
When Michigan Virtual Should Apply a Creative Commons License
Creative Commons licensing should be used when the intent is to permit reuse, adaptation, and sharing in support of statewide access and educator customization.
This includes content primarily designed to:
- Support the GoOpen Michigan initiative and statewide OER access
- Be reused or remixed by educators in local classrooms or LMS environments
- Be shared broadly as a public good aligned to our legislative priority 2(b)(ix)
- Build educator capacity in content creation and instructional design
If the strategic intent is broad reuse, Creative Commons licensing should be applied.
When Content Should Remain Copyrighted and All Rights Reserved
Content should remain fully copyrighted when Michigan Virtual intends to control distribution, protect revenue, safeguard brand integrity, or comply with contractual limitations.
This includes:
- Revenue-generating courses, micro-credentials, and certification programs
- Branded products or services intended for market differentiation
- Messaging-sensitive materials requiring consistent representation
- Partner-licensed, third-party, or contractually restricted content
- Customized deliverables developed under specific agreements
If the strategic intent is protection, revenue generation, or controlled use, Creative Commons should not be applied.
Formal Copyright Registration
Formal copyright registration should be considered for high-value assets that represent core revenue, brand equity, or intellectual property we would be willing to legally enforce.
Partner and Co-Developed Content
For any co-created or commissioned content, ownership and licensing rights must be clarified in writing prior to distribution or application of a Creative Commons license.