Jeffrey C. Sun & Benjamin Baez 
Intellectual Property in the Information Age [PDF ebook] 
Knowledge as Commodity and Its Legal Implications for Higher Education: ASHE Higher Education Report , Volume 34, Number 4

This monograph pays special attention to the intellectual propertyof copyrights and patents. It examines how legal parameters, competing interests, and technological advances take shape ineconomic, political, and social contexts that require colleges anduniversities make intellectual property central to theiroperations.

Economic, political and social forces are redefining knowledgeas property that can be owned, and institutions of highereducation, as producers of knowledge, are central participants ofthis phenomenon. Debates about intellectual property are rampant, some arguing that knowledge should not become a commodity forexchange, others than intellectual property fosters innovation insociety. What is not debatable is the importance of the law forresolving disputes about intellectual property.

Today, the evolving legal context association with intellectualproperty and technological advancements have created competinginterests and demands from individuals, institutions and evennation. The law is often the realm in which these interests anddisputes take place, with more or less satisfying results. Collegesand universities must grapple with not only complex legal issuesbut also the philosophical and political consequences associatedwith the conversation of intellectual acts into property.

This is the fourth issue in the 34th volume of the Jossey-Bassseries ASHE Higher Education Report. Each monographin the series is the definitive analysis of a tough highereducation problem, based on thorough research of pertinentliterature and institutional experiences. Topics are identified bya national survey. Noted practitioners and scholars are thencommissioned to write the reports, with experts providing criticalreviews of each manuscript before publication.

Mục lục

Executive Summary vii

Foreword xiii

Overview of Intellectual Property 1

The Framework 2

Impact on Core Academic Functions 7

Organization of the Monograph 10

The Law of Copyrights 13

Copyright Law 14

Copyrights and Faculty, Students, and Staff 20

Chapter Summary 29

Copyright and Fair Use 31

Fair Use 31

Fair Use Challenge to Course Materials: Course Packs 37

Fair Use and Online Instruction 41

Implications About the Debate on Fair Use 45

Chapter Summary 52

The Law of Patents 53

Patent Law 53

The Research Exemption 63

Copyrights and Patents: Computer Software 65

Institutional Patent Policies 67

Questions of Ownership: Faculty Versus Administrators 71

Questions of Ownership: Academe Versus Industry 73

Chapter Summary 75

Patents and Higher Education’s Entry into the Market77

Development of University Patent Activities 77

Debates About University Patent Activities 83

Chapter Summary 90

Shared and Related Concerns About Intellectual Property93

Trademarks and Trade Secrets 94

The International Setting 99

Sovereign Immunity 102

Chapter Summary 111

Conclusion 115

Notes 121

References 125

Name Index 141

Subject Index 145

About the Authors 151

Giới thiệu về tác giả

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.