Re: faculty coursework online

One would think the copyright for all work created by professors would under the copyright act belong to the university or college by whom they are employed.

The work for hire language of the copyright act seems to lead to that conclusion.

But the 7th Circuit has ruled to the contrary -- and Congress has not overruled it yet.

It should be a matter of negotiation with the university and the policy should be made clear. But it often is not.

Until recently copyrighted works meant little in royalties to anyone. But patent rights meant possibly big bucks for the university. Ironically, under the patent law the inventor-person had to apply for the patent -- which was then, persuant to contract with the university -- assigned to the university.

Copyrighted works, being non-utilitarian, were mostly plays, and paintings and books and, most especially, written scholarship. Not much market there -- not much bucks at stake -- and to the extent it was, it was treated as extra incentive -- the extra money was incentive to create books.

But then came copyrighting of utilitarian works -- especially computer programs. Where do they fall?

And so it should be a matter of negotiation between faculty and the university.

As to distance ed materials -- there is nothing different here except that the university sees a chance to make money on them and sees a potential for a faculty member to compete if he or she goes elsewhere and takes the materials with him or her.

I think universities are grossly overreacting and hoping to make lots of money on these things -- but who knows, they may be right.

For the most part, I think faculty should have the copyright and control of them -- but just who can use them under what circumstances and for what money -- that will be a sore spot for some time, I think.

To end up where I began -- in the US, the work for hire doctrine may have a judge-made exception written by judges who were/are also academics.

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Prof. Steven D. Jamar, Director LRW Program               vox:  202-806-8017

Howard University School of Law                          fax:  202-806-8428
2900 Van Ness Street NW              mailto:sjamar[_at_]law.howard.edu
Washington, DC  20008          http://www.law.howard.edu/faculty/pages/jamar

Essay:  A loose sally of the mind; an irregular indigested piece; not a
regular and orderly composition.

Samuel Johnson, Dictionary (1755)