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.
Executive Summary vii
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
Name Index 141
Subject Index 145
About the Authors 151
Jeffrey C. Sun is assistant professor of educational leadership and affiliate professor of law at the University of North Dakota.
Benjamin Baez is associate professor of higher education in the Department of Educational Leadership and Policy Studies at Florida International University.