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Selling teaching resources, who really owns your work?

Are you thinking of starting a Teachers Pay Teachers side hustle? Read this first…

<p>Countless hours and endless creativity are put into creating resources for the classroom&comma; and for some teachers&comma; it seems a shame to let all that effort go to waste&period; Stories of individuals making hundreds&comma; even thousands of dollars selling their resources on sites like Teachers Pay Teachers seem to make a good case for selling resources&comma; but is it really as simple as creating an online shop and watching the money roll in&quest;<&sol;p>&NewLine;<p>Jewel Pastor has been a middle school teacher for twenty years and an entrepreneur for ten&period; She sells teaching resources on her own website Jewel’s School Gems as well as Teachers Pay Teachers &lpar;TPT&rpar;&period; She is also one of the administrators of the Facebook group &OpenCurlyQuote;TPT Down Under Tribe’&comma; an online group helping other teachers manage the minefield of TPT&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;I started the TPT Down Under Tribe many years ago to have a safe place to ask questions and express opinions&comma;” explains Pastor&period; &OpenCurlyDoubleQuote;We’ve weathered so many issues together in the group&period; Dwindling sales&comma; algorithm changes&comma; negative feedback&comma; marketing challenges&comma; and copycats are some of these issues to name a few&period;”<&sol;p>&NewLine;<h4><strong>Selling on Multiple Fronts<&sol;strong><&sol;h4>&NewLine;<p>While there are benefits to setting up shop with an established platform like Teachers Pay Teachers&comma; many sellers&comma; like Pastor&comma; also choose to sell through a private site as well&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;I sell on TPT and my own websites as I like the idea of having multiple income streams&period; Though I love selling on TPT because of its ability to bring buyers to my store much more easily than doing it own my own&comma; the reality is I don’t own the site&comma; so I have no control over algorithm and policy changes&period; Also&comma; at least in my own sites&comma; I can highlight my own products without worrying about competition&period; The truth remains&comma; though that my TPT earnings are much higher than what I make on my own websites&period;”<&sol;p>&NewLine;<p>Melinda Crean is a former primary-school teacher and teacher trainer and founder of Top Notch Teaching which focuses on evidence-based literary instruction&period; Like Pastor&comma; Crean sells resources from multiple sites&comma; including her own website and Teachers Pay Teachers&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;When I started in 2011&comma;” explains Crean&comma; &OpenCurlyDoubleQuote;I chose TPT because it was a well-established platform with user-friendly features and plenty of resources for sellers&comma; including video tutorials and a seller&&num;8217&semi;s forum where advice and tips are readily shared&period; I later expanded to include my own website&comma; although it presented a steeper learning curve without the same level of technical support for customers&period;”<&sol;p>&NewLine;<p>Crean echoes Pastor’s caution when it comes to establishing a shop on TPT&colon; &OpenCurlyDoubleQuote;One warning is the challenge of gaining visibility for new resources on platforms like TPT&period; It can be a competitive marketplace&comma; and new sellers may appear less prominently in search results&period; However&comma; my advice is to stay persistent and consistent&period; Regularly add new products and actively market them&comma; even if it&&num;8217&semi;s through a single channel like Pinterest&period; Building a reputation and customer base takes time&comma; so patience is key&period;”<&sol;p>&NewLine;<h4><strong>Know your contract&period; Know your copyright<br &sol;>&NewLine;<&sol;strong><&sol;h4>&NewLine;<p>Quite apart from any technical or competitive matters involved in setting up a shop to sell resources&comma; Crean says the most important issue for current teachers is understanding their rights and obligations regarding the copyright of resources they have created&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;First and foremost&comma; I advise current teachers to be cautious about copyright and intellectual property issues&period; When using specific images&comma; clipart&comma; or other materials&comma; ensure you have the appropriate licenses to use them&comma; especially in commercial products&period; Read and understand the terms of use&comma; as they may dictate how these resources can be utilised&comma; including digital products and attribution requirements&comma;” advises Crean&period; &OpenCurlyDoubleQuote;Additionally&comma; teachers must consider their employment contracts and school policies&period; Some schools may assert ownership of resources created by teachers for their classes&period;”<&sol;p>&NewLine;<p>Claire Ramsay is an IP lawyer at Integrated IP Law and she warns people about assuming ownership when it comes to intellectual property &lpar;IP&rpar; rights&comma; including copyright&period;<&sol;p>&NewLine;<blockquote>&NewLine;<p><strong>&&num;8220&semi;Never assume that you own copyright just because you created a work&period; While copyright might be automatic for some&comma; like writers and artists working independently&comma; for teachers and others &lpar;such as photographers and graphic designers&rpar; working under employment contracts&comma; the rules are different&period; This is because the contract terms usually set out who owns the IP&comma; and these will take precedence over the general ownership provisions in the Copyright Act&period;” Claire Ramsay<&sol;strong><&sol;p>&NewLine;<&sol;blockquote>&NewLine;<p>School News spoke with three state education departments regarding ownership of teaching resources and there was strong consensus that when resources are created by a teacher for use in their classroom&comma; those resources are owned by the Department of Education&comma; not the individual teacher&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;The department’s official policy regarding IP&sol;ownership of teaching materials is covered in section 10&period;3 of the <a href&equals;"https&colon;&sol;&sol;education&period;nsw&period;gov&period;au&sol;rights-and-accountability&sol;department-of-education-code-of-conduct" target&equals;"&lowbar;blank" rel&equals;"noopener">Code of Conduct&comma;<&sol;a> including several examples of appropriate and inappropriate conduct&comma;” stated a NSW Department of Education spokesperson&period; &OpenCurlyDoubleQuote;The code states that anything &OpenCurlyQuote;employees develop&comma; invent or create&comma; either alone or in collaboration with others&comma; in the course of their work with the department remains the department’s intellectual property&period; This may apply even if employees develop material in their own time or at home&period;’”<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;The ownership of resources is determined by the purpose for which they were created&comma; rather than when and where they were created&comma;” clarifies Raechelle Lee&comma; Executive Director Strategy and Policy&comma; Department of Education &lpar;WA&rpar;&period;<&sol;p>&NewLine;<figure id&equals;"attachment&lowbar;25948" aria-describedby&equals;"caption-attachment-25948" style&equals;"width&colon; 1024px" class&equals;"wp-caption alignnone"><img class&equals;"size-large wp-image-25948" src&equals;"https&colon;&sol;&sol;www&period;school-news&period;com&period;au&sol;wp-content&sol;uploads&sol;2023&sol;11&sol;Image-Shannon-Anderson&lowbar;Pixabay-1024x768&period;jpg" alt&equals;"" width&equals;"1024" height&equals;"768" &sol;><figcaption id&equals;"caption-attachment-25948" class&equals;"wp-caption-text">Image Shannon Anderson&lowbar;Pixabay<&sol;figcaption><&sol;figure>&NewLine;<h4><strong>So Can Teachers Still Have a Side Hustle&quest;<&sol;strong><&sol;h4>&NewLine;<p>The short answer to this is yes&comma; but only if the teaching resources you are creating and selling are different to the ones you use in your own classroom&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;Seeking approval and clarifying the school&&num;8217&semi;s stance on selling materials is essential&period; Ensure that no school resources or teaching hours were used to create these resources&comma;” says Melinda Crean&period;<&sol;p>&NewLine;<p>Creating resources for a niche topic different from your day-to-day teaching work is one way to avoid IP or copyright concerns&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;I sell teaching resources mostly focused on STEM education&period; My favourite of these are my Bible STEM challenges as there were nothing like them on TPT when I developed and first started selling them&comma;” says Pastor&period;<&sol;p>&NewLine;<p>Education Departments are also not against teachers selling resources they have created&comma; provided they follow the rules&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;Teachers are able to create teaching resources in a private capacity and make them available from sites such as Teachers Pay Teachers&comma; providing they abide by the Department policies and directives that relate to these activities&comma;” says Raechelle Lee&comma; Department of Education &lpar;WA&rpar;&period; &OpenCurlyDoubleQuote;Some of these requirements include ensuring that the resources are created in a staff member’s own time using their own materials&semi; the resources are not used in a staff member’s school or with their students&semi; and no Department intellectual property is used in the resources&period; Department of Education staff need to apply for approval for secondary employment&comma; so this may also be a consideration for staff looking to gain a secondary income&period;”<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;If any of our teachers still want to earn extra income from selling resources&comma; they need to declare any possible conflict of interest or secondary employment to their workplace manager in line with the Code of Conduct&comma;” adds a NSW Department of Education spokesperson&period;<&sol;p>&NewLine;<h4><strong>Advice for Teachers Starting a Side Hustle<&sol;strong><&sol;h4>&NewLine;<p>There are a number of sites where educators can sell teaching resources in addition to Teachers Pay Teachers such as Etsy and Teacherly&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;Regarding other platforms&comma; it&&num;8217&semi;s essential for teachers to consider their unique needs and goals&period; Each platform has its strengths and audience&comma;” explains Crean&period; &OpenCurlyDoubleQuote;TPT is excellent for educators looking to start quickly and tap into an established community&period; However&comma; having your own website offers more control over your brand and a different audience&period; It might be beneficial to explore multiple platforms to reach diverse markets&period;”<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;Learn as much as you can about the marketplace&comma; product creation&comma; and marketing before plunging headfirst into selling&comma;” adds Pastor&period; &OpenCurlyDoubleQuote;This will save you time&comma; effort&comma; and money down the line as you wouldn’t have to redo as many things&period; It’s also important to have a niche as you’d want to be seen as an expert on something and build a relationship with your ideal buyers&period;”<&sol;p>&NewLine;<p>While most teachers won’t be able to give up their day job&comma; it can be a viable income stream for those with original ideas and the time to create&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;I want to encourage teachers who are considering selling their resources to believe in the value of their work&comma;” says Crean&period; &OpenCurlyDoubleQuote;The materials we create have the potential to benefit educators and students worldwide&period; Share your knowledge and expertise&comma; and don&&num;8217&semi;t be discouraged by the challenges you may face along the way&period;”<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p><strong>Related Story&colon; <a href&equals;"https&colon;&sol;&sol;www&period;school-news&period;com&period;au&sol;profiles&sol;how-to-be-a-teacher-with-a-creative-side-hustle&sol;" target&equals;"&lowbar;blank" rel&equals;"noopener">How to be a Teacher with a Creative Side Hustle<&sol;a><&sol;strong><&sol;p>&NewLine;

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Shannon Meyerkort

Shannon Meyerkort is a freelance writer and the author of "Brilliant Minds: 30 Dyslexic Heroes Who Changed our World", now available in all good bookstores.

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