Re: "University as author?"

Generally speaking, university handbooks are treated as employment contracts and would fully meet the "writing" requirement and the signatures would be found in trustee approval of the and book and in the employment contract signed by the faculty member -- so the writing and the signatures could typically be found.

But, one can imagine where the policy is changed and faculty have not signed anything since the change that the requirement could be found not to be met.

One then gets into an estoppel situation which could in effect substitute for the omitted faculty signature.

But, this would, of course, be good practice by faculty or general counsel of the university. . . .

Steve

On Aug 18, 2005, at 3:29 PM, Kevin Smith wrote:

> Given the language in section 201(b) that makes the employer the
> author of a WFH "unless the parties have expressly agreed otherwise
> in a written instrument signed by them," does any one else worry
> that many university policies would not be effective, even if they
> purport to give the rights to the faculty member? If the
> university later decided to claim ownership anyway, would the
> policy be effective if it were simply a statement contained in a
> faculty handbook, for instance, not an instrument signed by both
> parties? I am not saying that would be good policy for a
> university, just wondering what weight a court might actually give
> the policy in those circumstances.
>
> Kevin L. Smith, M.A., M.L.S., J.D.
> Director, Pilgrim Library
> Defiance College
> 201 College Place
> Defiance, OH 43512
> 419-783-2482
> ksmith[_at_]defiance.edu

-- 
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/

"Example is always more efficacious than precept."

Samuel Johnson, 1759