Re: who owns student projects

Gerald Barnett <barnett[_at_]u.washington.edu> wrote:
>
> On Tue, 2 Jun 1998, Kaye Caldwell <kcaldwell[_at_]softwareindustry.org> wrote:
> >
> > adopt and publicize their IP policies relating to students. (Many
> > universities claim IP rights to all student works as I recall - IEEE
> > is seeking revision of those types of policies.)
>
> In my experience very few educational institutions in the US claim a
> copyright interest in student work generally. Most claim usually only in
> connection with externally sponsored research or university commissioned
> work (student employee) in which such ownership is necessary.

     Dr. Barnett's comment is welcome, except to the extent it implies that universities or external funding sources may claim copyright in works of non-employee students working in "externally sponsored research."

     On what possible STATUTORY basis could a university claim copyright in the works of a student who is not an university employee or, in the case of a student who is an university employee, works that the student prepares outside the scope of the employment (e.g. for a class that has nothing to do with the employment)? In fact there is no such basis. Without a statutory basis for the claim, the claim would be illegitimate.

     Any such claims by universities would be gratuitous, in fact outrageously so in my opinion. Universities' claims to such ownership, to the extent the claims would have any effect in the real world, would discourage creative work by students and so disservice students, universities themselves, and the public at large.

     A university could create some goodwill for itself by making known prominently and regularly (e.g., in its student handbook, course catalog, and the like) that it makes no claim to the copyright in works of authorship of a student except for works the student prepares within the scope of her or his employment by the university. The university could be bluntly forthright and indicate that it makes no such claim because the copyright law does not allow the claim. Preferably, for the sake of good pr and in reliance on the policy underlying the statutory provisions on copyright ownership, the university could indicate that it makes no such claim because it wishes to do its utmost to encourage creativity and original thinking by students.

William J. Scanlon, Ph.D.

THE SCANLON LAW OFFICE Developing Science, Technology and the Creative Arts(SM) Intellectual Property Law
Internet Law   

616 South Ingersoll Street, Suite 1
Madison, WI 53703 USA
Phone: (608) 294-1141
Fax: (608) 294-1322
E-Mail: wscanlon[_at_]execpc.com Received on Thu Jun 04 1998 - 17:08:16 GMT