The teacher exception should be examined against the particular circumstances of a work's development: if staff employees (such as programmers or video editors) have participated in authoring the work, then work for hire will enter the picture. Work for hire also can be expected to apply if a work is prepared as a deliverable under contract between an institution and an external sponsor, for then the faculty member is usually working within the scope of employment and on behalf of the institution. Whether an institution elects to control such works for hire is another matter.
If a faculty member owns a work personally, then one should also consider the institution's policies on risk management, conflict of interest, use of institutional facilities or institutional name for private gain, rights in research data, and acquisition of materials for institutional use. These policies may come into play and create some unexpected results, especially if the work remains for use and further development within the institution.
Gerald Barnett
University of Washington
barnett[_at_]u.washington.edu
Received on Wed Feb 15 1995 - 18:20:09 GMT
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