Explore the different forms that intellectual property (IP) has taken in higher education in recent years and how to navigate the changing landscape for faculty members and university administrators. Due to technological advancements and the rise of neo-liberal policies influenced by academic capitalism, faculty members are finding their rights being renegotiated, often without their input. 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. This volume: 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.

The first real exposé of how universities have trademarked, copyrighted, branded, and patented everything they do. Universities generate an enormous amount of intellectual property, including copyrights, trademarks, patents, Internet domain names, and even trade secrets. Until recently, universities often ceded ownership of this property to the faculty member or student who created or discovered it in the course of their research. Increasingly, though, universities have become protective of this property, claiming it for their own use and licensing it as a revenue source instead of allowing it to remain in the public sphere. Many universities now behave like private corporations, suing to protect trademarked sports logos, patents, and name brands. Yet how can private rights accumulation and enforcement further the public interest in higher education? What is to be gained and lost as institutions become more guarded and contentious in their orientation toward intellectual property? In this pioneering book, law professor Jacob H. Rooksby uses a mixture of qualitative, quantitative, and legal research methods to grapple with those central questions, exposing and critiquing the industry’s unquestioned and growing embrace of intellectual property from the perspective of research in law, higher education, and the social sciences. While knowledge creation and dissemination have a long history in higher education, using intellectual property as a vehicle for rights staking and enforcement is a relatively new and, as Rooksby argues, dangerous phenomenon for the sector. The Branding of the American Mind points to higher education’s love affair with intellectual property itself, in all its dimensions, including newer forms that are less tied to scholarly output. The result is an unwelcome assault on the public’s interest in higher education. Presuming no background knowledge of intellectual property, and ending with a call to action, The Branding of the American Mind explores applicable laws, legal regimes, and precedent in plain English, making the book appealing to anyone concerned for the future of higher education.

Thirty years ago federal policy underwent a major change through the Bayh-Dole Act of 1980, which fostered greater uniformity in the way research agencies treat inventions arising from the work they sponsor. Before the Act, if government agencies funded university research, the funding agency retained ownership of the knowledge and technologies that resulted. However, very little federally funded research was actually commercialized. As a result of the Act's passage, patenting and licensing activity from such research has accelerated. Although the system created by the Act has remained stable, it has generated debate about whether it might impede other forms of knowledge transfer. Concerns have also arisen that universities might prioritize commercialization at the expense of their traditional mission to pursue fundamental knowledge-for example, by steering research away from curiosity-driven topics toward applications that could yield financial returns. To address these concerns, the National Research Council convened a committee of experts from universities, industry, foundations, and similar organizations, as well as scholars of the subject, to review experience and evidence of the technology transfer system's effects and to recommend improvements. The present volume summarizes the committee's principal findings and recommendations.

A study of the organization, functioning, and effects of university technology transfer activities involving formal intellectual property rights that resulted from the deliberations of two standing National Research Council committees: the Board on Science, Technology, and Economic Policy and the Committee on Science, Technology and Law.

The reputation of a college or institution depends upon the integrity of its faculty and administration. Though budgets are important, ethics are vital, and a host of new ethical problems now beset higher education. From MOOCS and intellectual property rights to drug industry payments and conflicts of interest, this book offers AAUP policy language and best practices to deal with all the campus-wide challenges of today's corporate university: • Preserving the integrity of research and public respect for higher education • Eliminating and managing individual and institutional financial conflicts of interest • Maintaining unbiased hiring and recruitment policies • Establishing grievance procedures and due process rights for faculty, graduate students, and academic professionals • Mastering the complications of negotiations over patents and copyright • Assuring the ethics of research involving human subjects. In a time of dynamic change Recommended Principles to Guide Academy-Industry Relationships offers an indispensable and authoritative guide to sustaining integrity and tradition while achieving great things in twenty-first century academia.

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.

This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.