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Intellectual Property in the Information Age. Knowledge as Commodity and Its Legal Implications for Higher Education: ASHE Higher Education Report. Volume 34, Number 4. J-B ASHE Higher Education Report Series (AEHE)

  • ID: 2209336
  • Book
  • February 2009
  • 152 Pages
  • John Wiley and Sons Ltd
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.

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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

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Jeffrey C. Sun
Benjamin Baez
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