There is nothing in the code proper that requires "direction and
control" by the employer. The code says, "a work prepared by an
employee within the scope of his or her employment." Faculty are
employees. Most of us, at least pre-tenure, need to publish or
perish. My job description requires me to engage in scholarship,
including research and writing and publishing works. Seems simple
enough to me.
Steve
On Aug 10, 2005, at 5:50 PM, Albert Henderson wrote:
> 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>
>
>
-- Prof. Steven D. Jamar vox: 202-806-8017 Howard University School of Law fax: 202-806-8567 2900 Van Ness Street NW mailto:sjamar[_at_]law.howard.edu Washington, DC 20008 http://www.law.howard.edu/faculty/pages/jamar/ "There is no cosmic law forbidding the triumph of extremism in America." Thomas McIntyreReceived on Thu Aug 11 2005 - 20:25:46 GMT
This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:55 GMT