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INTELLECTUAL PROPERTY
Copyright Ownership
in Higher Education:
University, Faculty, & Student Rights
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By John D. McMillen
Paperback: 88 pages, 6 x 9 . . . $19.95

Ten or more copies . . . $16.95 ea.
The rapid changes to the way we live our lives and conduct our business, which began in the last half of the 20th century, has resulted in a greater importance to the value placed on Intellectual Property. Where once little attention was paid to this area of law in the field of higher education, now its great potential value is being carefully evaluated and protected.

This monograph assembles under one cover a concise, to-the-point basic primer on Intellectual Property as it relates to today's higher education campus and activities. A quick read, at 88 pages, it is an excellent way to "come up to speed" on this cutting edge area of law.
Table of Contents
- I. Introduction to Intellectual Property Law
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- II. Copyright Law Primer
- Origin & Purpose of Copyright Law
- Copyrightable Works
- How Works Are Copyrighted
- When Works Become Copyrighted
- Copyright Ownership
- Ownership Rights
- Joint Ownership
- Assignment and Transfer
- Licenses
- Copyright Duration
- Copyright Infringement
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III. Application of Copyright Law to Higher Education
- External and Internal Sources of Law
- Works Made For Hire
- 1909 Copyright Act
- 1976 Copyright Act
- Teacher Exception Rule
- Faculty Contracts & Institutional Policies
- Academic Custom & Usage
- Institutional Policies / Faculty Handbooks
- Faculty Contracts
- Amendments to Contracts & Institutional Policies
- Assignment & Transfers of Copyright Ownership
- Applied to Higher Education
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IV. Ownership of Faculty-Created Works:
The Works Made for Hire Doctrine
- General Applications
- Community for Creative Non-Violence v. Reid
- Independent Contractor Versus Employee
- Works Prepared Within the Scope of Employment
- Specially Ordered or Commissioned Works
- Computer Programs
- Course Materials, Exams, & Syllabi
- Web-based Courses
- Employees Versus Independent Contractors
- Within the Scope of Employment
- Joint Works
- Grants
- Joint Works
- In General
- Co-Authorship with Colleagues
- Graduate Assistants
- Lectures, Class Notes, & Internet Notetaking Companies
- Are Faculty Lectures Copyright?
- Who Owns Faculty Lectures?
- Fair Use Limitations
- Textbooks & Scholarly Research
- Assignment to Publishers
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V. Copyright Policy Considerations
- Who Should Own Faculty-created Works
- Copyright Policy Recommendations
- Additional Policy Considerations
- VI. Summary & Conclusion
- Works Made for Hire
- Teacher Exception Rule
- Institutional Copyright Policies
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Appendix I
- 1976 Copyright Act: Ownership & Transfer §§201-205
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Appendix II.
- Case Studies
- State University & Professor Smith
- Textbook Rights
- The Information Superhighway
- The Golden Years
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Table of Cases

Paperback: 252 pages, 6 x 9 . . . $19.95

Ten or more copies . . . $16.95 ea.


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P.O. Box 600430, Saint John's, Florida 32260
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