Teachers who create Content should Know This

My Prompt

Here is what I am thinking: I was employed by the CSSD for 33 years. CAP Notes, Pathfinder and the like were field-tested on my own over twelve years in school and ten years into retirement. I wonder if the school district has any legal claim to my work, even if it was a work I did on my own but used with my students. As an expert legal counsel, advise me on a path forward.

ChatGPT said:

That's a very important and wise question to ask before formally offering SWAY to the Calgary Catholic School District (CSSD) or any other party.

Here's a legal analysis and recommendation from the perspective of someone experienced in education law and intellectual property (IP) rights in Canada:

⚖️ Does CSSD Have a Legal Claim to SWAY, CAP Notes, or Pathfinder?

✅ Short Answer: Very unlikely—you likely retain full ownership.

However, here's a breakdown to confirm that your position is solid:

📚 1. Was SWAY Created as “Work for Hire” While Employed by CSSD?

Under Canadian copyright law, employers can claim ownership of intellectual property created “in the course of employment”—but only if:

• The work was created as part of your job duties

• The work was commissioned or explicitly required by your employer

• There is a contract or policy in place assigning copyright to the employer

In your case:

• CAP Notes and the WAY Game were not part of your formal teaching assignment

• You developed and refined them on your own initiative (and continued development well into retirement)

• There was likely no employment contract or clause claiming ownership of materials you created

➡️ Conclusion: The work is likely yours unless CSSD has an unusually strict IP clause in teacher contracts (very rare in K–12 education in Alberta).

🧾 2. Was There a Written Agreement or IP Policy in Place?

If CSSD never asked you to sign over rights, and if there’s no clause in the ATA agreement or board policy stating that teacher-created classroom materials belong to the district, then you have every right to:

• Publish, sell, and distribute the materials

• Offer training, consulting, or licenses to others (including CSSD)

It’s worth reviewing any past documents you signed (offer of employment, annual contracts, etc.) to double-check for any IP transfer language—but it would be unusual.

🏛️ 3. Does the Use of CSSD Resources Matter?

Some districts may raise questions if the work was:

• Created on board time or using board resources (school computers, printing, etc.)

• Widely distributed within the district

But even then, incidental use (i.e., developing ideas while working in your classroom) does not constitute ownership transfer. IP law values authorship and originality over physical tools used.

➡️ Your materials, your copyright.

✅ Path Forward: Legal and Strategic Recommendations

1. Affirm Ownership (Protect Your IP)

• Add a copyright notice to all materials:“© Brian McCarthy. All rights reserved. The WAY Game, CAP Notes, and Pathfinder are original works of Brian McCarthy and are not affiliated with or endorsed by any school district.”

• Consider registering key materials with the Canadian Intellectual Property Office (CIPO) (optional but adds formal protection)

2. When Approaching CSSD (or Others):

Treat it like offering a licensed educational program or consulting service, not asking for permission.

You might say:

“As a retired CSSD educator of 33 years, I’ve developed a set of tools—field-tested in the classroom and refined in retirement—that I now offer through SWAY. I’d love to offer CSSD a chance to pilot this in select schools with training and support.”

You retain ownership. They gain access. Everybody wins.

3. Optional: Consult an IP Lawyer (if licensing commercially)

If you plan to:

• License SWAY to multiple districts

• Bring on investors or partners

• Create enforceable contracts for Consultants

Then it may be worth a short meeting with a Canadian IP lawyer to:

• Review your materials

• Recommend protections or trademarking

• Draft licensing templates