Re: L.Rev (C) Release

On 4 Nov 1999 Bert R. Boyce, <lsboyc[_at_]lsu.edu> wrote:
>
> On 11/3/99, Albert Henderson <noblestation[_at_]compuserve.com> wrote:
> >
> > I don't see faculty writing as work for hire unless the writing is
> > specifically commissioned. As I understand it, universities do not
> > control their faculty members; research, writing, or related decisions.
> > Faculty are not agents of the universities. They take their names
> > and their copyrights with them when they go. Outside sponsors of
> > research, accounting for 80% of academic research spending, also
> > leave the writing and submission decisions to researchers' sense
> > of the best opportunities for dissemination.
>
> In my experience Universities do believe research performed with
> their support is work made for hire. Their normal policy, however,
> is to waive this right explicitly in favor of the author for literary
> works. They most certainly do not waive for other intellectual
> property including software or patentable devices. As an example of
> what I believe to be typical I have cut in below a section from the
> LSU Board of Supervisors' Bylaws and Regulations. This document is
> available in full at
> <http://appl003.ocs.lsu.edu/ups.nsf/6d1c5eeaf9e258e9862564c20056d8aa/62b387b17724650f8625650f0057a199?OpenDocument,>
> the relevant section being on page 36. Sponsored research rights are
> governed by specific agreement with the funding agency.
>
> Section 7-3. Disposition of LSU Intellectual Property and LSU Marks.
>
> a. LSU holds all right, title, and interest to all LSU Intellectual
> Property and LSU Marks in all countries. LSU personnel shall execute
> any formal assignments to LSU of all right, title, and interest to
> any LSU Intellectual Property or LSU Mark, and shall execute such
> other documents and perform such other lawful acts (at no expense
> to the LSU personnel) as may be deemed necessary by LSU fully to
> secure LSU's interest in LSU Intellectual Property and LSU Marks.
>
> b. (1) Not withstanding the provisions of paragraph (a) above, LSU
> releases to the respective author(s) all of LSU's interest in any
> copyright to a book, article, lecture, or other literary work which
> would otherwise be an LSU Work; except that LSU's interest shall not
> be so released: (I) if LSU publishes the work itself, or (ii) if LSU
> publishes or produces a derivative work based on that work, where the
> derivative work is an audio or video production or broadcast.

Realistically speaking, the paragraphs look to me like boilerplate that is discounted by the preemptive release.

LSU, like most universities, sponsors very little research. It is really dependent on the goodwill connected with its faculty and _their_ publications to bring grants -- not the other way around. When the researcher leaves, he/she takes that goodwill away. Aside from its library, a university's main intellectual asset goes home every night.

Albert Henderson
Editor, PUBLISHING RESEARCH QUARTERLY
<70244.1532[_at_]compuserve.com> Received on Mon Nov 08 1999 - 12:05:55 GMT