CE Provider Policies: Intellectual Property
An intellectual property (IP) policy is a set of guidelines that explains how an organization handles intellectual property creation, ownership, protection, and use. It typically addresses issues such as patents, trademarks, copyrights, and trade secrets—and how these assets are managed, shared, or licensed. This policy ensures legal compliance and protects both the organization’s and the learner’s interests in innovations and creative works.
What It Looks Like
An IP policy for a continuing education organization should clearly define how the organization handles the IP created by its instructors, staff, and learners—as well as the use and sharing of educational materials. Although they are not all-inclusive, consider these key components in your policy:
- Overview — Explains the importance of protecting IP—and clarifies ownership and usage rights.
- Definition — IP includes course materials, teaching resources, videos, software, and other original content created in education.
- Ownership — Specifies IP ownership (i.e., whether it is owned by the organization or the creator).
- Use — Describes how organizations can use, share, or license IP.
- Protection — Ensures that source material has been properly cited—and that copyrights and trademark laws are followed.
- Presenter-Generated IP — Clarifies the organization’s rights to use created content in future materials.
- Review — States how often the organization reviews its policy and communicates that policy to staff and presenters.
- Agreement — Requires acknowledgment of the policy by instructors, staff, and students.
When It Happens
An organization should implement its IP policy at the organization’s inception, before creating content or original work, or before engaging in partnerships or collaboration. In short, an organization should have its IP policy in place before content creation and use begins—with periodic reviews to ensure that the policy remains effective and relevant to current legal standards and the organization’s needs.
How It Supports Compliance
IP policies are specific to individual organizations. Standard 1.2.5. requires the Provider to adhere to all relevant laws and regulations. ASHA CE cannot recommend a specific format or template. However, you may find information helpful to the development of your organization’s policy on the Copyright.gov website.
Why It Matters
Your organization must have policies and procedures regarding IP rights to protect against the unauthorized use and/or misuse of any product that has commercial value. This includes both copyrighted property (e.g., literary or artistic works) and ideational property (e.g., patents, business methods, and industrial processes).
Bottom Line
A clearly defined IP policy protects the content creator’s work, minimizes the risk of legal conflict, and maintains transparency about ownership, usage rights, and responsibilities.
