Full Description
This monograph pays special attention to the intellectual property of copyrights and patents. It examines how legal parameters, competing interests, and technological advances take shape in economic, political, and social contexts that require colleges and universities make intellectual property central to their operations. Economic, political and social forces are redefining knowledge as property that can be owned, and institutions of higher education, as producers of knowledge, are central participants of this phenomenon. Debates about intellectual property are rampant, some arguing that knowledge should not become a commodity for exchange, others than intellectual property fosters innovation in society. What is not debatable is the importance of the law for resolving disputes about intellectual property. Today, the evolving legal context association with intellectual property and technological advancements have created competing interests and demands from individuals, institutions and even nation. The law is often the realm in which these interests and disputes take place, with more or less satisfying results.Colleges and universities must grapple with not only complex legal issues but also the philosophical and political consequences associated with the conversation of intellectual acts into property. This is the fourth issue in the 34th volume of the Jossey-Bass series ASHE Higher Education Report . Each monograph in the series is the definitive analysis of a tough higher education problem, based on thorough research of pertinent literature and institutional experiences. Topics are identified by a national survey. Noted practitioners and scholars are then commissioned to write the reports, with experts providing critical reviews of each manuscript before publication.
Contents
Executive Summary vii Foreword xiii Overview of Intellectual Property 1 The Framework 2 Impact on Core Academic Functions 7 Organization of the Monograph 10 The Law of Copyrights 13 Copyright Law 14 Copyrights and Faculty, Students, and Staff 20 Chapter Summary 29 Copyright and Fair Use 31 Fair Use 31 Fair Use Challenge to Course Materials: Course Packs 37 Fair Use and Online Instruction 41 Implications About the Debate on Fair Use 45 Chapter Summary 52 The Law of Patents 53 Patent Law 53 The Research Exemption 63 Copyrights and Patents: Computer Software 65 Institutional Patent Policies 67 Questions of Ownership: Faculty Versus Administrators 71 Questions of Ownership: Academe Versus Industry 73 Chapter Summary 75 Patents and Higher Education's Entry into the Market 77 Development of University Patent Activities 77 Debates About University Patent Activities 83 Chapter Summary 90 Shared and Related Concerns About Intellectual Property 93 Trademarks and Trade Secrets 94 The International Setting 99 Sovereign Immunity 102 Chapter Summary 111 Conclusion 115 Notes 121 References 125 Name Index 141 Subject Index 145 About the Authors 151
