This report (31 page PDF) is based on an analysis of 109 copyright ownership policies at postsecondary education institutions in the U.S. and concludes that while there is a general sense of shared values and unspoken assumptions about ownership and distribution, there is a lack of clarity in policy, and in practice, disagreement about core issues. For example, while "the question of faculty ownership in research and teaching materials remains primarily governed by individual institutional IP policies" there are "often substantial differences between the policies at individual institutions," in particular the ownership of work produced by non-academic staff (which is often treated as 'work for hire') and by students (who may or may not have a say in how their work is licensed). The authors argue that "As a field we need to decide how we balance these issues and write our values into these legal agreements, rather than leaving the issue to assumptions about academic tradition." But how will agreement be reached in an arena where there is such an imbalance of power? Image: Malin, et.al.
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