ERIC Number: EJ872117
Record Type: Journal
Publication Date: 2010-Feb
Abstractor: As Provided
Reference Count: 0
The Teacher Exception under the Work for Hire Doctrine: Safeguard of Academic Freedom or Vehicle for Academic Free Enterprise?
Innovative Higher Education, v35 n1 p61-69 Feb 2010
According to the "work made for hire doctrine" of the Copyright Act, the creators of artistic and literary works are not legally granted ownership of works created in the course of employment; ownership rests with the employer. However, through "de facto" custom and court dicta, academics may enjoy a "teacher exception" that grants them copyright ownership of publications and course materials. Though there are several benefits behind this practice, the question of intellectual property ownership has blurred as institutions are investing in distance education and commissioning faculty members to create online courses.
Descriptors: Academic Freedom, Distance Education, Copyrights, Ownership, Online Courses, Instructional Design, Higher Education, Educational Policy, Policy Analysis, College Faculty, Teacher Role, Legislation, Faculty College Relationship, Faculty Publishing, Faculty Workload, Employer Employee Relationship, Teacher Rights
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education; Postsecondary Education
Authoring Institution: N/A