Re: "University as author?"

on 11 Aug 2005 "Kevin Smith" <ksmith[_at_]defiance.edu> wrote:

> The common law test for distinguishing between and employee and an
> independent contractor is relevant to the work made for hire
> argument only because it determines which of the two independent
> ways in which a work can be found to be a work for hire will apply.
[snip]

	The reference to 'independent subcontractor,'
	which might be an issue in taxation or
	insurance, etc., has little bearing here.

	So much learned writing stems from research 
	clearly based in graduate and post-graduate 
	work, such as PhD theses, it would be ridiculous 
	to claim it as within the scope of later 
	employment.

	Learned publishing is about the research,
	the process, and the skill, not so much 
	the writing itself. 

"Agenbroad, James \(Civ,ARL/CISD\)" <jagenbro[_at_]arl.army.mil> wrote

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

	Moreover, while the publication of research 
	qualifies one for employment and tenure, it
	also must demonstrate originality and
	independence.	

	Publishing in academe is of primary value. The 
	well-published academic can presumably find 
	employment, which is of secondary value, 
	without too much trouble, taking with him the
	talent for attracting grants and students.

	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> Received on Fri Aug 12 2005 - 02:20:29 GMT