Who Owns Academic Work

Author: Corynne McSherry
Publisher: Harvard University Press
ISBN: 9780674040892
Format: PDF, Mobi
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Who owns academic work? This question is provoking political and legal battles, fought on uncertain terrain, for ever-higher stakes. The posting of faculty lecture notes on commercial Web sites is being hotly debated in multiple forums, even as faculty and university administrators square off in a battle for professorial copyright. In courtrooms throughout the country, universities find themselves embroiled in intricate and expensive patent litigation. Meanwhile, junior researchers are appearing in those same courtrooms, using intellectual property rules to challenge traditional academic hierarchies. All but forgotten in these ownership disputes is a more fundamental question: should academic work be owned at all? Once characterized as a kind of gift, academic work--and academic freedom--are now being reframed as private intellectual property. Drawing on legal, historical, and qualitative research, Corynne McSherry explores the propertization of academic work and shows how that process is shaking the foundations of the university, the professoriate, and intellectual property law. The modern university's reason for being is inextricably tied to that of the intellectual property system. The rush of universities and scholars to defend their knowledge as property dangerously undercuts a working covenant that has sustained academic life--and intellectual property law--for a century and a half. As the value structure of the research university is replaced by the inequalities of the free market, academics risk losing a language for talking about knowledge as anything other than property. McSherry has written a book that ought to deeply trouble everyone who cares about the academy.

Intellectual Property on Campus

Author: TyAnna K Herrington
Publisher: SIU Press
ISBN: 0809385848
Format: PDF, ePub
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What issues arise when students’ uses of intellectual materials are legally challenged, and how does the academic context affect them? What happens when users of intellectual property, either within or outside the academic structure, violate students’ rights to their intellectual products? In Intellectual Property on Campus, TyAnna K. Herrington addresses these concerns and more, clearing up the confusion often surrounding intellectual property law and its application in an academic setting. Filled with practical information and simple yet thorough explanations, this enlightening volume provides educators and students with a solid basis for understanding the broader impacts of legal and ethical dilemmas involving intellectual materials. Herrington provides insight for students into how complex concepts such as patent, trademark, copyright, fair use, and plagiarism affect their work. She outlines the potential effects of the choices students make, as well as the benefits and limitations of legal protection for intellectual property, including the thorny issues of authorship and authority under the 1976 Copyright Act. Herrington also explores the topic of student collaboration—now very common on college campuses—and how it affects intellectual property issues and legal relationships, as well as the impact of new technologies, such as blogs, on student work in educational environments. Intellectual Property on Campus also provides useful information for administrators and educators. In particular, Herrington investigates the possible ramifications of their pedagogical and policy choices, and examines in depth the responsibility of instructors to treat students’ intellectual property legally, ethically, and conscientiously. Cautioning educators about the limitations on their control over intellectual materials in an academic setting, Herrington encourages teachers to minimize their influence over student works, instead giving pupils more freedom to control their own creations. The volume also investigates the rights, responsibilities, and limitations for users of intellectual property, as opposed to creators, especially as related to student or instructor use of copyrighted materials. Discussed in detail are such issues as fair use and the TEACH Act, as well as the often-intertwined areas of plagiarism, authorship, and copyright. In addition, Herrington addresses recent cultural developments regarding the use and creation of intellectual property by students and instructors. Written in a jargon-free style that is easy to understand, Intellectual Property on Campus gives students, instructors, and administrators the information they need to navigate the intricate landscape of law and integrity in the realm of academic creation.

Geistiges Eigentum und Eigentumstheorie

Author: Michael Goldhammer
Publisher: Mohr Siebeck
ISBN: 9783161509933
Format: PDF, Mobi
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English summary: The justification of intellectual property is highly controversial. In reconstructing the American theory of property, Michael Goldhammer shows how the ownership of intangible property can be justified. The dependance of the justification on the basic terminology is embedded in a two-tiered theory of property and has been tested in practice in numerous cases. German description: Um die Grunde des geistigen Eigentums wird in den verschiedenen Eigentumswissenschaften heftig gestritten. Dies ist fur die juristische Eigentumstheorie zwar sehr anregend, stellt sie aber gleichzeitig vor die Aufgabe, sich ihrer begrifflichen Grundlagen und der Bedingungen von Interdisziplinaritat zu versichern.Dies zeigt sich bei den disparaten und stets neuen Formen des geistigen Eigentums immer dann besonders, wenn die Rezeption fachfremder Grunde an den Zwangen des juristischen Gegenstands scheitert. Michael Goldhammer zeigt, wie das Begriffsproblem als normatives Moment der Begrundungsdebatte verstanden werden muss und mit der inhaltlichen Rechtfertigung wechselseitig so zusammenspielt, dass es im Diskurs nicht ignoriert werden kann. Hierzu bedient er sich der US-Eigentumstheorie, die sich der Frage spiegelverkehrt nahert und dadurch interessante Aufschlusse zulasst. Anhand einer systematischen Rekonstruktion werden Strukturmerkmale entwickelt und mittels konkreter Falle dem Praxistest unterworfen.Carl-Gareis Preis der Rechts- und Wirtschaftswissenschaftlichen Fakultat der Universitat Bayreuth 2012.

Geographic Information Science

Author: George Cho
Publisher: John Wiley & Sons
ISBN: 9780470013557
Format: PDF, ePub
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Spatial information users and providers are increasingly concerned about the legal implications relating to the use and dissemination of geographic information for which there are no right or wrong methods of practice, and no one source of information. This book fills the gap by addressing key issues in contract law, intellectual property law, rights and responsabilities and liability as they relate to the GI community. The first book to interpret the law relating to GI Science and outline its implications to a general readership Provides a comprehensive discourse in law and GI Science irrespective of jurisdiction Offers a global perspective throughout with case materials coming from the UK, North America, the EU and Australasia

Intellectual Property and Information Wealth Copyright and related rights

Author: Peter K. Yu
Publisher: Greenwood Publishing Group
ISBN: 9780275988838
Format: PDF, Kindle
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A multi-disciplinary introduction to emerging trends and issues in intellectual property and its impact on business, law, and society--from Napster to "open source," traditional media to electronic commerce, fair use to enforcement across borders.

Prize Fight

Author: Morton Meyers, M.D.
Publisher: St. Martin's Press
ISBN: 1137000562
Format: PDF, Kindle
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We often think of scientists as dispassionate and detached, nobly laboring without any expectation of reward. But scientific research is much more complicated and messy than this ideal, and scientists can be torn by jealousy, impelled by a need for recognition, and subject to human vulnerability and fallibility. In Prize Fight , Emeritus Chair at SUNY School of Medicine Morton Meyers pulls back the curtain to reveal the dark side of scientific discovery. From allegations of stolen authorship to fabricated results and elaborate hoaxes, he shows us how too often brilliant minds are reduced to petty jealousies and promising careers cut short by disputes over authorship or fudged data. Prize Fight is a dramatic look at some of the most notable discoveries in science in recent years, from the discovery of insulin, which led to decades of infighting and even violence, to why the 2003 Nobel Prize in Medicine exposed how often scientific objectivity is imperiled.