Strictly, the received wisdom currently is that any materials a teacher produces as part of his or her normal duties do indeed belong to the employer. But the individual author of an original work also has a claim to copyright.
However, should any LEA attempt to enforce that unreasonably (for example, by exploiting the material for gain, without any kind of benefit to the author) then several things would happen. Someone would take out a test case, on George Michael versus Sony lines - which I'd expect them to win, as Mr. Michael did, assuming the materials were of such quality and quantity that they were above and beyond what the employer can normally expect a teacher to make (this would be so for many of our Web sites). And many teachers would simply stop doing things.
But most LEAs are far more sensible and benign, and have no such intentions. I would, however, fault most of them for a big omission - that is, that they do little or nothing to support teachers who want to generate new resources.
My LEA will now provide free, more or less unlimited, Web space to any teacher, governor and so on who wants to build things. Where teachers publish material in basic formats (MS Word documents, say) we will help to adapt them into more usable learning objects. So far, very few teachers have taken us up on this, but the idea is beginning to catch on.
We may, with the authors' agreement, develop some materials into stuff that we can sell through Curriculum Online (but here the teacher would at the least get a benefit in kind). But normally, everything is deemed to be an open learning object, and put into a public portal (
www.eRiding.net). This does not affect the copyright, which still belongs to the author.
This support can go beyond the East Riding. If anyone has good learning objects, and would like some help in improving presentation, or adapting to new formats and data types, then we would be happy to publish these. Our approach is much as Derek commends, a creative commons philosophy.
Commercial publishers assert their copyright in statements of all the things that one cannot do with their products. I very much enjoy being able, on my Web sites, to invite the world to do what it likes with the stuff there.