Intellectual Property, Faculty Rights and the Public Good: New Directions for Higher Education, Number 177
April 2017, Jossey-Bass
Through patents, copyrights, distance education programs and MOOCS, universities and publishers are seeking to gain a competitive advantage in a market largely dominated by profit generation. All this is putting the university’s public mission in tension with increasingly profit-driven university management practices.
- Presents policy trends in university IP regulation over the past 40 years,
- Examines the utility of IP rights in higher education,
- Considers the implications of knowledge ownership in the academic profession. and
- Details the IP barriers that faculty encounter when attempting to share their work.
This is the 177th volume of the Jossey-Bass quarterly report series New Directions for Higher Education. Addressed to presidents, vice presidents, deans, and other higher education decision makers on all kinds of campuses, it provides timely information and authoritative advice about major issues and administrative problems confronting every institution.
EDITORS’ NOTES 5
Samantha Bernstein-Sierra, Adrianna Kezar
1. The Legalization of Higher Education 11
Lara K. Badke
A comprehensive introduction to higher education’s legal context, from which the rise of legalistic criteria (or “legalization”) and current IP regime have grown
2. Faculty Rights to Courses and Digital Courseware 25
A legal analysis of faculty rights to traditional and digital course materials, including a discussion of fair use and the work-made-for-hire doctrine
3. Faculty Rights to Scholarly Research 39
This chapter provides a discussion of faculty rights to their scholarly work, with emphasis on the role of for profit publishers and the rise of open access scholarly publishing.
4. “Owning” Knowledge: Looking Beyond Politics to Find the Public Good 51
A theoretical discussion of openness as a movement in higher education, facilitated by technology, with its own set of values tied closely to the public good
5. Negotiating Whose Property It Is, for the Public Good 63
An empirical examination of public good values as they are, or are not, expressed in the intellectual property policies of public and private universities
6. University Faculty and the Value of Their Intellectual Property: Comparing IP in Teaching and Research 77
Guilbert C. Hentschke
A global economic analysis of faculty rights to their teaching and research, and the monetary values associated with various types of intellectual property in academe
7. Faculty Voice in Intellectual Property Policies: Collective Action for the Public Good 93
A synthesis of all chapters, and practical discussion of the book’s ramifications for faculty members in the academy