Intellectual Property in the Information Age Knowledge as Commodity and Its Legal Implications for Higher Education: ASHE Higher Education Report

by Sun, Jeffrey C.; Baez, Benjamin

• ISBN13: 9780470479001
• ISBN10: 0470479000
• Edition: 1st
• Format: Paperback
• Copyright: 2009-02-03
• Publisher: Jossey-Bass

Summary

This monograph pays special attention to the intellectual property of copyrights and patents. It examines how legal parameters, competing interests, and technological advances take shape in economic, political, and social contexts that require colleges and universities make intellectual property central to their operations.Economic, political and social forces are redefining knowledge as property that can be owned, and institutions of higher education, as producers of knowledge, are central participants of this phenomenon. Debates about intellectual property are rampant, some arguing that knowledge should not become a commodity for exchange, others than intellectual property fosters innovation in society. What is not debatable is the importance of the law for resolving disputes about intellectual property.Today, the evolving legal context association with intellectual property and technological advancements have created competing interests and demands from individuals, institutions and even nation. The law is often the realm in which these interests and disputes take place, with more or less satisfying results. Colleges and universities must grapple with not only complex legal issues but also the philosophical and political consequences associated with the conversation of intellectual acts into property.This is the fourth issue in the 34th volume of the Jossey-Bass series ASHE Higher Education Report. Each monograph in the series is the definitive analysis of a tough higher education problem, based on thorough research of pertinent literature and institutional experiences. Topics are identified by a national survey. Noted practitioners and scholars are then commissioned to write the reports, with experts providing critical reviews of each manuscript before publication.

Author Biography

Jeffrey C. Sun is assistant professor of educational leadership and affiliate professor of law at the University of North Dakota. Benjamin Baez is associate professor of higher education in the Department of Educational Leadership and Policy Studies at Florida International University.

Table of Contents

Executive Summary	p. vii
Foreword	p. xiii
Overview of Intellectual Property	p. 1
The Framework	p. 2
Impact on Core Academic Functions	p. 7
Organization of the Monograph	p. 10
The Law of Copyrights	p. 13
Copyright Law	p. 14
Copyrights and Faculty, Students, and Staff	p. 20
Chapter Summary	p. 29
Copyright and Fair Use	p. 31
Fair Use	p. 31
Fair Use Challenge to Course Materials: Course Packs	p. 37
Fair Use and Online Instruction	p. 41
Implications About the Debate on Fair Use	p. 45
Chapter Summary	p. 52
The Law of Patents	p. 53
Patent Law	p. 53
The Research Exemption	p. 63
Copyrights and Patents: Computer Software	p. 65
Institutional Patent Policies	p. 67
Questions of Ownership: Faculty Versus Administrators	p. 71
Questions of Ownership: Academe Versus Industry	p. 73
Chapter Summary	p. 75
Patents and Higher Education's Entry into the Market	p. 77
Development of University Patent Activities	p. 77
Debates About University Patent Activities	p. 83
Chapter Summary	p. 90
Shared and Related Concerns About Intellectual Property	p. 93
Trademarks and Trade Secrets	p. 94
The International Setting	p. 99
Sovereign Immunity	p. 102
Chapter Summary	p. 111
Conclusion	p. 115
Notes	p. 121
References	p. 125
Name Index	p. 141
Subject Index	p. 145
About the Authors	p. 151
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