Ownership of traditional courseware is vested in the faculty. In the digital forum, however, under the Copyright Act of 1976, case law, and institutional policy ownership may be vested in the institution.

Unforeseen forces are at work in higher education today. The purpose of this article is to explore the issues involved in the changing landscape. Decisions are and will be made that impact the intellectual property rights of faculty. It is important to be cognizant of the factors involved and alert to possible ramifications. The basics of the…

According to the "work made for hire doctrine" of the Copyright Act, the creators of artistic and literary works are not legally granted ownership of works created in the course of employment; ownership rests with the employer. However, through "de facto" custom and court dicta, academics may enjoy a "teacher exception" that grants them copyright…

Discusses how the rise of the Internet and the lure of lucrative online education programs have suddenly made university courses a hot commodity, raising issues of copyright and ownership conflicts between professors and the universities who employ them. Describes relevant legal rulings and actions by various universities and professors. (EV)

The existing legal position of Australian universities with respect to ownership and exploitation of intellectual property by faculty, students, and outside consultants is described. Issues requiring attention are noted, including resources for exploitation, sharing of proceeds, and copyright considerations; and some possible solutions are…

Although the 1976 copyright law provides teachers with specific rights and defenses concerning classroom use of copyrighted materials, litigation by publishers has affected college policies. Teachers should be educated concerning assertion of their rights, which will be lost if they are not used. Also, greater protection should be assured by…

Increased appreciation of the commercial value of intellectual property has triggered a major debate on college campuses, focusing on two issues: ownership of intellectual property and use of copyrighted works in teaching and research. Because these raise faculty-rights issues, faculty must identify its claims and interests clearly and make itself…

Presents a Russian perspective on patent rights in pedagogic studies. The paper notes that patents and licenses are profitable for the author, firm, and state and questions why teachers are not involved in the process. It also describes a center for pedagogical innovations in the USSR. (SM)

The provost of the California Institute of Technology has urged faculty to inform journal publishers that faculty articles about research done on campus could be published only if the authors and university retained copyright to the material, a radical departure from conventional practice. Doing so would enable researchers to distribute their work…

The statement of the American Association of University Professors' Special Committee on Distance Education and Intellectual Property addresses the rights and responsibilities of faculty, institutions, and third parties in the current volatile, highly entrepreneurial environment of distance education. A statement on copyrights is included. (MSE)

Intended as a practical legal guide for Texas educators and lawyers, this book contains three major sections dealing with several chapters on various school law topics, each prepared by Texas attorneys. Section 1, "School Boards and Superintendents," includes chapters on school board members authority and relationship with staff, the…

The American Association of University Professors' report on intellectual property rights summarizes federal copyright law on issues that concern faculty: ownership; commercialization; revenue distribution; works created for colleges and universities; fair use; traditional, electronic, and multimedia materials; Internet/World Wide Web; digital…

This book is about teachers and the laws that affect them. New to this sixth edition are new court cases and a chapter that highlights likely controversies in the coming years, including school choice, high-stakes testing, control of the Internet, and gang clothing. The book is divided into two parts. Part I, "The Legal Aspects of Teaching,"…

This book is designed to inform school administrators regarding school law. As a resource, it provides suggested, easy-to-understand guidelines for the avoidance of litigation. Subjects include preventive law and risk management; constitutional and statutory foundations of staff selection, contracting, and evaluation; negligent hiring, defamation,…