RE: Re: "University as author?"

From: Agenbroad, James \(Civ,ARL/CISD\) <jagenbro[_at_]arl.army.mil>
Date: Thu, 11 Aug 2005 12:25:46 -0400

OTOH, since tenure deicisons etc are decided largely on the basis of "publication" it is arguably "within the course of their employment."

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Albert Henderson Sent: Wednesday, August 10, 2005 5:51 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: "University as author?"

The problem with 'university as author' claims is where academics do not write at the direction and under the control of the employer. Their works may start before they began employment at a given institution and be taken with them if and when they go. As they are generally on their own, their works cannot be easily grabbed by the bureaucracy.

Best wishes,

Albert Henderson
Former Editor, PUBLISHING RESEARCH QUARTERLY 1994-2000 Contributor HIGHER EDUCATION IN THE UNITED STATES. AN ENCYCLOPEDIA (ABC-CLIO 2002) <70244.1532[_at_]compuserve.com>

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To:	"CNI-COPYRIGHT -- Copyright & Intellectual Property",

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Date: 8/9/2005 6:52 PM

RE: [CNI-(C)] Re: "University as author?"  

On Mon, 8 Aug 2005, David Bozak wrote:

> I thought the list might find this article interesting...
>
> University as Author?
>
> The Kansas Supreme Court will soon decide whether the Kansas Board of
> Regents has to negotiate its intellectual property policy in the
> future, or whether it can simply hand down a decree - even one that
> asserts ownership of all faculty work.
>
> from http://insidehighered.com/news/2005/08/08/kansas

This is interesting... Thanks for bringing it to the attention of the list.

My sense is that federal copyright law is completely controlling here, and if it's a work made by an employee within the scope of his employment, the employer is the author; and there are no exceptions in the statute for universities.

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Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Thu Aug 11 2005 - 20:25:46 GMT