Professors are not "pecular" in having control over
their own time. Many professionals have very blurry
concepts of "company time" - I dare say most
professionals. (Don't trust me, ask their spouses.)
I am on a salary and am bonused based on "performance". My future salary depends on past performance to a large degree. I have certain hours when I must be "in the office" but most of my time is up to me. If I can get things done from home I sometimes do. I have had very productive days while "on vacation" and am even required to travel for work from time to time for conferences, trade shows, and the like. I regularly stay up late catching up on work and likewise leave the office during the day to take care of personal matters. "Company time" has almost no meaning to me or any of the other professionals I work with.
I am currently writing this message from my office, yet it is clearly not in the scope of my employment. If I were writing a letter for work from home, that would clearly be in the scope of my employment. How some find the same concepts difficult to apply to professors is really just beyond me.
It seems to me that the pecularity is in the tradition regarding professors, not the "circumstances of employment".
Keith, who just doesn't get it.
> Given much of what has been said on this issue, I
> think the only definition that really makes sense is
> that "company time" is any time during which the
> professor is doing tasks that are within the scope
> of her employment. That is a circular definition,
> of course, reflecting the fact that the scope of
> employment test is a multi-factor balancing test
> where no one factor is dispositive. In the case of
> a university professor, the issue of company time
> simply won't be very important because of the
> pecular circumstances of academic employment.
>
> 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
> ----- Original Message -----
> From: Richard Wiggins
> To: CNI-COPYRIGHT -- Copyright & Intellectual
> Property
> Sent: Wednesday, August 17, 2005 5:25 PM
> Subject: [CNI-(C)] Re: [CNI-(C)] Re: [CNI-(C)] Re:
> "University as author?"
>
>
> Therefore, again I ask:
>
> Would someone please define "company time" for a
> university professor?
>
> /rich
>
> On 8/16/05, Terry Carroll <carroll[_at_]tjc.com> wrote:
>
> On Tue, 16 Aug 2005, Richard Wiggins wrote:
>
> > For a university professor, this "done on
> company time" idea is a chimerical
> > concept.
>
> That's one reason why it's not dispositive.
>
>
>
>
>
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