Unforeseen forces are at work in higher education today. The purpose of this article is to explore the issues involved in the changing landscape. Decisions are and will be made that impact the intellectual property rights of faculty. It is important to be cognizant of the factors involved and alert to possible ramifications. The basics of the…

The Canadian Association of University Teachers (CAUT) represents over 65,000 university and college teachers, academic librarians, researchers and professional and general staff at more than 120 universities and colleges from every province. The association's members both create and use copyright material; they require copyright law that protects…

Faculty develop intellectual property needed for online courses while employed by an academic institution. That institution has a claim on the copyright because the instructional materials developed by the faculty members could be seen as "works for hire." On the other hand, both tradition and case law have seen faculty as the copyright…

Advancement of knowledge and progress in technology drives the need for protecting inventions, new ideas, writings, music, and other media. While abundant, intellectual property and copyright issues are not simple, and the United States has adopted multiple rules via treaties worldwide. Academia has been fortunate with regard to the freedom…

This study describes an investigation of the intellectual property policies of a stratified random sample of public and private Carnegie Doctoral Research-Extensive Universities. University policies were examined to determine whether or not they included provisions for distance education materials or courseware, what provisions were made for…

The sales by professors of textbook complimentary copies are estimated to be $60 million in lost sales to the publishers. Examines the various points of view and the legal and ethical issues regarding professors selling complimentary copies of college textbooks. (MLF)

This article describes the author's experience working with copyright and teachers' level of awareness or unawareness of the basics about copyright. The article is divided into sections on the following topics: Rewards for Authors; Hypothetical Scenarios; Options for Managing Authors' Rights; and Emerging Principles for Scholarly Communications.…

A discussion of faculty photocopying of copyrighted course materials criticizes the overuse of the practice, outlines the fair-use provisions of the federal law, and reviews the results of a 1983 lawsuit involving New York University. (MSE)

The Classroom Guidelines for the Copyright Act of 1976, meant to help educators in photocopying, have been widely ignored. Educators who continue to produce and distribute custom-made anthologies are inviting publisher litigation. However, the guidelines could be renegotiated to benefit both educators and publishers. (Author/MSE)

The Copyright Act of 1976 appears to undermine traditional arguments that placed scholarly writing outside the definition of works "made for hire," and strengthens the presumption that employers own copyrights to employees' work. The implications for faculty are discussed, and methods available to academics to retain copyrights are…

The Supreme Court's recent decision in "Community for Creative Non-Violence v. Reid," although occurring outside the education field, has implications for determining whether the educator is an employee. Reid was commissioned to sculpt a statue, and the Court ruled that he was an independent contractor, not an employee. (71 references)…

The value of research and the career of a university lecturer depend heavily on the success in publishing scientific papers. This article reviews the guidelines for writing and submitting research papers. The three most important success criteria in publishing are as follows: the paper describes a good research, it is written according to the…

The argument that universities have the right to exploit faculty work products as "works made for hire" is examined in light of recent Supreme Court cases on copyright law and the First Amendment. It is concluded that, despite the seemingly broad sweep of the work for hire provision, this provision of the Copyright Law cannot be…

Copyright law supports a fundamental mission of colleges and universities to create and disseminate new knowledge and understanding through teaching, research, and scholarship in two basic ways: (1) by providing incentives for the creation of new works through the provision of proprietary rights to copyright owners, and (2) by providing…

A 1980 cumulative supplement to the basic text, "Higher Education and the Law," is presented. Contents include: edited reports of five United States Supreme Court cases, important lower court cases, regulations and reports; and citations to numerous law review articles, additional cases, and other secondary sources. The following broad…