INTELLECTUAL PROPERTY POLICY

Catalogue
- All Professional Learning Offerings

1. INTRODUCTION

1.1 The Public School Administrators’ Association of Nova Scotia (“PSAANS”) delivers professional learning, member services, resources, and related programs for public school administrators and educational leaders in Nova Scotia.

1.2 PSAANS recognizes that Programs and related activities may involve the creation, use and sharing of Intellectual Property by PSAANS, employees, contractors, facilitators, presenters, Program Partners, Participants, and other contributors. This Policy is intended to provide clear, practical expectations respecting ownership, permitted use, recognition, confidentiality and protection of Intellectual Property.

1.3 This Policy is intended to:

(a) provide clear, practical expectations respecting ownership, permitted use, recognition, confidentiality and protection of Intellectual Property; and

(b) support collaboration, professional learning and responsible sharing of resources.

1.4 This Policy is not intended to discourage lawful use of materials for teaching, learning, research, professional dialogue, or other purposes permitted by law.

2. DEFINITIONS

2.1 In this Policy:

(a) “Association Materials” means Works, resources, templates, tools, handbooks, guides, slides, recordings, videos, rubrics, assessments, Program outlines, Curriculum materials, administrative materials, communications, forms, data compilations, websites, logos, branding, and other materials created by or for PSAANS or the Educational Leadership Consortium of Nova Scotia (“ELCNS”).

(b) “Author” means the person or persons who created a Work.

(d) “Curriculum” means all materials for evaluating the attainment of educational objectives which include but are not limited to materials that outline learning standards, teaching and learning strategies, learning objectives, learning outcomes, and Program descriptions and requirements.

(e) “Intellectual Property” or “IP” means all interests and rights arising out of the intellectual and artistic activity of PSAANS, its employees, administrators, volunteers, and executives, and includes, but is not limited to: inventions (whether or not patentable), Works, technology, processes, formulae, designs, know-how, trade secrets, discoveries, research, computer software, slogans, Curriculum, Teaching Materials and all proprietary information; any improvements, updates or modifications related to the above; and all related copyright, trade-mark, industrial design, plant breeders’ rights, and integrated circuit topography applications and registrations world-wide, and all rights of renewal therein.

(f) “Moral Rights” means an Author’s rights to claim authorship and to protect the integrity of a Work under the Copyright Act (Canada) and any applicable foreign equivalent.

(g) “Participant” means any individual enrolled in, registered for, attending, participating in or otherwise accessing a Program, whether or not the individual is a PSAANS member.

(h) “Programs” means the Instructional Leadership Academy (“ILA”), the Educational Leadership Development Program (“ELDP”), and all other professional learning opportunities and modules which may be offered by PSAANS from time to time (each individually a “Program”).

(i) “Program Partner” means any person or organization that works with PSAANS in connection with a Program, including the Department of Education and Early Childhood Development, Regional Centres for Education, Conseil scolaire acadien provincial, post-secondary institutions, professional associations, community organizations, consultants, facilitators, presenters, contractors, sponsors and funders.

(j) “Work” or “Works” means any literary, dramatic, musical, artistic, cinematographic, scientific, technical, educational or other work in which Copyright may subsist under the Copyright Act (Canada) or any applicable foreign equivalent.

3. POLICY SCOPE

3.1 This Policy applies to PSAANS employees, contractors, members of the Board of Directors, facilitators, instructors, presenters, Program Partners, Program Participants and any other person who creates, contributes to, receives, accesses or uses Intellectual Property in connection with PSAANS or a Program.

3.2 This Policy applies to Intellectual Property created, contributed to, commissioned, licensed, used, shared, delivered, stored or distributed in connection with Programs.

3.3 If there is a written agreement between PSAANS and an employee, contractor, facilitator, instructor, presenter, Program Partner, sponsor, funder or other person that addresses Intellectual Property, that written agreement will govern to the extent of any inconsistency with this Policy.

4. OWNERSHIP OF INTELLECTUAL PROPERTY

4.1 Unless otherwise agreed in writing, PSAANS owns Association Materials and all Intellectual Property in Works created by employees, contractors, facilitators, presenters, Program Participants, or other contributors where the Work is created:

(a) within the scope of employment, engagement, or Program participation with PSAANS;

(b) for use in, delivery of, administration of, evaluation of or promotion of a Program;

(d) under a commission, contract, grant, sponsorship or funding arrangement administered by PSAANS.

4.2 Unless otherwise agreed in writing, an Author retains ownership of Intellectual Property in pre-existing materials that the Author created independently of PSAANS and brings to a Program, provided that the Author has the right to use those materials and the materials are clearly identified as pre-existing materials where reasonably practical.

4.3 By providing pre-existing materials to PSAANS for use in a Program, the Author grants PSAANS a non-exclusive, royalty-free licence to reproduce, display, perform, distribute, adapt and otherwise use those materials as reasonably required to deliver, administer, evaluate, improve and archive the Program, unless PSAANS and the Author agree otherwise in writing.

4.4 By submitting or sharing Participant-generated materials in connection with a Program, a Participant grants PSAANS a non-exclusive, royalty-free licence to use those materials for Program delivery, assessment, administration, record-keeping, internal review, evaluation and improvement. PSAANS may publish or distribute Participant-generated materials outside the Program without consent, except as required by law or as otherwise permitted by this Policy or another applicable PSAANS policy.

5. USE OF PSAANS AND PROGRAM MATERIALS

5.1 Association Materials may be used by Program Participants and Program Partners for personal professional learning associated with the Programs, provided that:

(a) the materials are not sold, licensed, posted publicly, substantially altered, incorporated into commercial products, or represented as the user’s own work;

(b) any confidentiality, privacy, cultural, Indigenous knowledge, third-party copyright, licensing or access restrictions are respected; and

5.2 Unless expressly permitted in writing by PSAANS, Association Materials and PSAANS’ Intellectual Property is not permitted to be used for commercial purposes, public posting, publication, external training, broad distribution, translation, adaptation, incorporation into another program, or any use that could reasonably imply PSAANS endorsement.

5.3 Access to Program materials may be limited to Program Participants, PSAANS members, Program Partners or other authorized users. PSAANS may remove or change access to Program materials at any time, subject to any written agreement or legal requirement.

6. THIRD-PARTY MATERIALS

6.1 Anyone who contributes, presents or shares materials in connection with PSAANS or a Program is responsible for ensuring that they have the right to use those materials, including any required permission, licence, attribution or reliance on a lawful exception under the Copyright Act (Canada).

6.2 Third-party materials must be used in accordance with the terms under which they were provided, including licence terms, database terms, platform terms, publisher terms, privacy obligations and confidentiality restrictions.

6.3 PSAANS may remove, restrict access to, replace or require modification of materials if PSAANS has concerns about copyright, licensing, privacy, confidentiality, accuracy, cultural sensitivity, accessibility, reputational risk or compliance with law or PSAANS policy.

7. INDIGENOUS KNOWLEDGE, CULTURAL MATERIALS AND COMMUNITY-BASED KNOWLEDGE

7.1 PSAANS recognizes that some knowledge, stories, symbols, teachings, language, cultural expressions and community-based resources may be governed by legal, ethical, cultural or community protocols in addition to conventional Intellectual Property law.

7.2 Materials involving Indigenous knowledge, Mi’kmaw knowledge, African Nova Scotian knowledge, culturally specific knowledge, community-based knowledge or other culturally significant materials must be used respectfully, with appropriate consultation, permission, attribution and adherence to applicable protocols where reasonably required.

7.3 PSAANS may require additional review, conditions or permissions before such materials are used, recorded, reproduced, adapted or distributed through a Program.

8. RECORDINGS, PHOTOGRAPHS AND ONLINE MATERIALS

8.1 PSAANS may record, photograph or otherwise document Programs for Program delivery, accessibility, archival, internal training, evaluation, promotional or related purposes, where permitted by law and applicable consent or notice processes.

8.2 Participants, presenters and other attendees may not record, screenshot, livestream, post or distribute Program sessions, materials, chat discussions or Participant contributions without PSAANS’ prior permission and any required consent from affected individuals.

8.3 Where PSAANS makes a recording or online resource available, PSAANS may limit access by time, platform, audience or other conditions and may withdraw access at any time.

9. MORAL RIGHTS, ATTRIBUTION AND RECOGNITION

9.1 PSAANS will make reasonable efforts to provide appropriate attribution to Authors and contributors where attribution is reasonably practical, consistent with the nature of the contribution and any applicable agreement.

9.2 Contributors must not remove or alter copyright notices, acknowledgements, citations, trademarks, logos or other source information without permission.

9.3 Where PSAANS owns or has a licence to use a Work, PSAANS may make reasonable edits, formatting changes, updates, accessibility modifications, translations, adaptations and administrative changes needed for Program delivery, currency, accessibility, branding, consistency or legal compliance, subject to any applicable Moral Rights that have not been waived.

10. CONFIDENTIALITY AND PERSONAL INFORMATION

10.1 Program materials and discussions may include confidential information, personal information, school-based examples, student information, employment information, assessment information or other sensitive content. Such information must be handled in accordance with applicable law, PSAANS policies, Program expectations and any confidentiality obligations.

10.2 Participants and presenters must not include identifiable student, staff, family, school, workplace or other personal information in materials shared through a Program unless they have authority to do so and the disclosure is necessary and appropriate for the Program purpose.

10.3 PSAANS may anonymize, aggregate, redact or require revision of materials to address privacy, confidentiality or sensitivity concerns.

11. TRADEMARKS, BRANDING AND ENDORSEMENT

11.1 The names, logos, marks, designs, trade names, domain names, website content and branding of PSAANS and ELCNS may not be used without PSAANS’ prior permission.

11.2 No person may represent that PSAANS endorses, sponsors, approves or is affiliated with a product, service, program, publication or organization unless PSAANS has expressly agreed in writing.

12. PROGRAM PARTNERS, SPONSORS AND FUNDED PROJECTS

12.1 Where a Program is developed or delivered with a Program Partner, sponsor, funder or external organization, ownership and use of Intellectual Property should be addressed in a written agreement where practical.

12.2 Where no written agreement exists, PSAANS may use materials contributed to the Program as reasonably required to deliver, administer, evaluate, improve, archive and report on the Program, and each contributor remains responsible for ensuring that they have the right to contribute their materials.

12.3 Any public use of joint materials, partner logos, sponsored content, funded deliverables or co-branded materials must be consistent with the applicable agreement, funding terms, sponsorship terms or written approval of the parties involved.

13. COMPLIANCE WITH ALL PSAANS POLICIES

13.1 This Policy supplements, and does not replace, any other policies of PSAANS applicable to the conduct of Participants, employees, contractors, members of the Board of Directors, committee members, Program Partners, PSAANS members or others who interact with PSAANS.

14. POLICY BREACHES

14.1 PSAANS may take steps that it considers appropriate if this Policy is breached or if PSAANS has reasonable concerns about Intellectual Property, privacy, confidentiality, cultural protocols, reputational risk, misuse of materials, unauthorized recording, unauthorized distribution or non-compliance with law or PSAANS policy. Steps may include:

(a) education;

(b) direction to stop or correct the conduct;

(d) withdrawal of access to materials or platforms;

(e) refusal or cancellation of Program participation;

(f) notification to a Program Partner;

(g) request for deletion or return of materials;

(h) contractual remedies;

(i) legal action; or

(j) any other measures appropriate in the circumstances.

14.2 PSAANS is committed to continuous improvement. Therefore, PSAANS reserves the right to implement measures as deemed appropriate to better support or ensure compliance with this Policy going forward even if a Policy breach has not occurred.

15. TRAINING

15.1 PSAANS will take reasonable steps to ensure that employees, contractors, volunteers, members, and Program Participants receive information or training to familiarize themselves with this Policy.

15.2 PSAANS may provide guidance, reminders, templates, notices or other practical resources to presenters, facilitators, instructors, Program Partners and Participants where appropriate to support compliance with this Policy.

16. NO LIMITATION ON RIGHTS

16.1 Nothing in this Policy does, or is intended to, discourage or limit anyone from exercising any legal rights under any applicable law, including rights and exceptions under the Copyright Act (Canada).

17. POLICY ADMINISTRATION

17.1 PSAANS’ Board of Directors has oversight of this Policy. The Board of Directors has assigned administration of this Policy to the Executive Director.

17.2 The Executive Director may designate one or more PSAANS employees or contractors to provide practical guidance, coordinate permissions, maintain records, respond to concerns and support implementation of this Policy.

17.3 This Policy will be reviewed and updated as needed, at least every three years.

17.4 If Members or Participants have any questions about this Policy, they may contact the Association’s Executive Director at execdir@psaans.ca.

17.5 The current version of this Policy can always be found in the Members Hub portion of www.psaans.ca.

17.6 Subject to requirements of law, PSAANS expressly reserves the right to change, modify or delete portions of this Policy without notice.

Last updated: August 20, 2026