Author: Jacob H. Rooksby
Publisher: JHU Press
Release Date: 2016-10-30
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.
Understanding the politics of Higher Education is becoming more important as the sector is increasingly recognised as a vital source of innovation, skills, economic prosperity, and personal wellbeing. Yet key political differences remain over such issues as who should pay for higher education, how should it be accountable, and how we measure its quality and productivity. Particularly, are states or markets the key in helping to address such matters. The Handbook provides framing perspectives and perspectives, chapters on funding, governance and regulation, and pieces on the political economy of higher education and on the increased role of external stakeholders and indicators.
Author: Brett M. Frischmann
Publisher: Oxford University Press
Release Date: 2014
"Knowledge commons" describes the institutionalized community governance of the sharing and, in some cases, creation, of information, science, knowledge, data, and other types of intellectual and cultural resources. It is the subject of enormous recent interest and enthusiasm with respect to policymaking about innovation, creative production, and intellectual property. Taking that enthusiasm as its starting point, Governing Knowledge Commons argues that policymaking should be based on evidence and a deeper understanding of what makes commons institutions work. It offers a systematic way to study knowledge commons, borrowing and building on Elinor Ostrom's Nobel Prize-winning research on natural resource commons. It proposes a framework for studying knowledge commons that is adapted to the unique attributes of knowledge and information, describing the framework in detail and explaining how to put it into context both with respect to commons research and with respect to innovation and information policy. Eleven detailed case studies apply and discuss the framework exploring knowledge commons across a wide variety of scientific and cultural domains.
UW Struggle provides an on-the-ground view of the smoldering attack on public higher education in Wisconsin. This is a chronicle of failed leadership and what actions, if any, can protect this vital American institution.
Today, nearly every aspect of higher education—including student recruitment, classroom instruction, faculty research, administrative governance, and the control of intellectual property—is embedded in a political economy with links to the market and the state. Academic capitalism offers a powerful framework for understanding this relationship. Essentially, it allows us to understand higher education’s shift from creating scholarship and learning as a public good to generating knowledge as a commodity to be monetized in market activities. In Academic Capitalism in the Age of Globalization, Brendan Cantwell and Ilkka Kauppinen assemble an international team of leading scholars to explore the profound ways in which globalization and the knowledge economy have transformed higher education around the world. The book offers an in-depth assessment of the theoretical foundations of academic capitalism, as well as new empirical insights into how the process of academic capitalism has played out. Chapters address academic capitalism from historical, transnational, national, and local perspectives. Each contributor offers fascinating insights into both new conceptual interpretations of and practical institutional and national responses to academic capitalism. Incorporating years of research by influential theorists and building on the work of Sheila Slaughter, Larry Leslie, and Gary Rhoades, Academic Capitalism in the Age of Globalization provides a provocative update for understanding academic capitalism. The book will appeal to anyone trying to make sense of contemporary higher education.
Author: William M. LANDES
Publisher: Harvard University Press
Release Date: 2009-06-30
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law). Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels. This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights. Table of Contents: Introduction 1. The Economic Theory of Property 2. How to Think about Copyright 3. A Formal Model of Copyright 4. Basic Copyright Doctrines 5. Copyright in Unpublished Works 6. Fair Use, Parody, and Burlesque 7. The Economics of Trademark Law 8. The Optimal Duration of Copyrights and Trademarks 9. The Legal Protection of Postmodern Art 10. Moral Rights and the Visual Artists Rights Act 11. The Economics of Patent Law 12. The Patent Court: A Statistical Evaluation 13. The Economics of Trade Secrecy Law 14. Antitrust and Intellectual Property 15. The Political Economy of Intellectual Property Law Conclusion Acknowledgments Index Reviews of this book: Chicago law professor William Landes and his polymath colleague Richard Posner have produced a fascinating new book...[The Economic Structure of Intellectual Property Law] is a broad-ranging analysis of how intellectual property should and does work...Shakespeare's copying from Plutarch, Microsoft's incentives to hide the source code for Windows, and Andy Warhol's right to copyright a Brillo pad box as art are all analyzed, as is the question of the status of the all-bran cereal called 'All-Bran.' --Nicholas Thompson, New York Sun Reviews of this book: Landes and Posner, each widely respected in the intersection of law and economics, investigate the right mix of protection and use of intellectual property (IP)...This volume provides a broad and coherent approach to the economics and law of IP. The economics is important, understandable, and valuable. --R. A. Miller, Choice Intellectual property is the most important public policy issue that most policymakers don't yet get. It is America's most important export, and affects an increasingly wide range of social and economic life. In this extraordinary work, two of America's leading scholars in the law and economics movement test the pretensions of intellectual property law against the rationality of economics. Their conclusions will surprise advocates from both sides of this increasingly contentious debate. Their analysis will help move the debate beyond the simplistic ideas that now tend to dominate. --Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the Commons in a Connected World An image from modern mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the role of that mythological Einstein, reveal at every turn how perceptions of economic efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page reveals fresh, provocative, and surprising insights into the forces that shape law. --Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit The most important book ever written on intellectual property. --William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary Committee Given the immense and growing importance of intellectual property to modern economies, this book should be welcomed, even devoured, by readers who want to understand how the legal system affects the development, protection, use, and profitability of this peculiar form of property. The book is the first to view the whole landscape of the law of intellectual property from a functionalist (economic) perspective. Its examination of the principles and doctrines of patent law, copyright law, trade secret law, and trademark law is unique in scope, highly accessible, and altogether greatly rewarding. --Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law
This book considers the detrimental changes that have occurred to the institution of the university, as a result of the withdrawal of state funding and the imposition of neoliberal market reforms on higher education. It argues that universities have lost their way, and are currently drowning in an impenetrable mush of economic babble, spurious spin-offs of zombie economics, management-speak and militaristic-corporate jargon. John Smyth provides a trenchant and excoriating analysis of how universities have enveloped themselves in synthetic and meaningless marketing hype, and explains what this has done to academic work and the culture of universities – specifically, how it has degraded higher education and exacerbated social inequalities among both staff and students. Finally, the book explores how we might commence a reclamation. It should be essential reading for students and researchers in the fields of education and sociology, and anyone interested in the current state of university management.
Author: Oren R. Griffin
Publisher: Johns Hopkins University Press
Release Date: 2018-10-14
Touching on a range of issues, including academic dishonesty, sexual assault, freedom of speech, quasi-criminal activity, and other acts of misconduct, Investigating Student Misconduct is supported by a review of relevant judicial decisions from state and federal courts, along with a conceptual and pragmatic analysis of important statutory and constitutional provisions, including Title IX and FERPA.
In The Interpretation of Cultures, the most original anthropologist of his generation moved far beyond the traditional confines of his discipline to develop an important new concept of culture. This groundbreaking book, winner of the 1974 Sorokin Award of the American Sociological Association, helped define for an entire generation of anthropologists what their field is ultimately about.
Author: National Research Council
Publisher: National Academies Press
Release Date: 2011-02-28
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.
Author: J. G. Wissema
Publisher: Edward Elgar Publishing
Release Date: 2009-01-01
The book is very well-structured. . . [It] provides a timely contribution to a conversation with a long history, and debates over the nature and purpose of the university seem certain to figure prominently in educational discourse for many years to come. Peter Roberts, Journal of Educational Administrative and History Drawing from experience as a professor in innovation and entrepreneurship and as a consultant to universities, Wissema offers deep insights into management of the modern universities. The book is well-written and all those university administrators who wish to transform their universities into entrepreneurial universities would find the book very useful. Jandhyala B.G. Tilak, Journal of Educational Planning and Administration In Central and Eastern Europe, universities are struggling to adapt to the new economic and institutional situations. The concept of the Third Generation University is powerful in giving direction. In addition, the book offers much practical advice, taken from the author s experience as a consultant to universities. Marjan Bojadzhiev, University American College Skopje, Macedonia Although the quality of university management makes or breaks the effectiveness and efficiency of a university, most university managers come unprepared to the job while only few books and courses in the subject are available. This book offers, amongst other things, welcome insights into the issue of university management. In Wageningen, the concept of the Third Generation University has proven to be inspiring, challenging and operational. It enabled us to develop science for Impact for a variety of new stakeholders. M. Kropff, Wageningen University and Research Centre, the Netherlands This book demonstrates that universities are subject to fundamental change, evolving from science-based, monodisciplinary institutions into transfunctional, international know-how hubs named third generation universities or 3GUs. J.G. Wissema explores the combination of forces that propel this dramatic change, tracing the historic development of universities, and exploring the technology-based enterprises, technostarters and financiers for start-ups and young enterprises that are the main partners of these 3GUs. He goes on to illustrate that universities play a new role as incubators of new science- or technology-based enterprises and take an active role in the exploitation of the knowledge they create. The book concludes with suggestions regarding the way in which changes in the university s mission should be reflected in subsequent organisational changes. Offering practical advice on the route forward for universities, and elucidating the role of education in entrepreneurship, this unique book will prove invaluable to academics and practitioners who seek to implement and facilitate changes for 3GU status. It will also appeal to students and researchers with an interest in business and management, education, entrepreneurship and public policy on education.
Author: John Palfrey
Publisher: MIT Press
Release Date: 2011-10-07
Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive "sword and shield" approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy -- especially in an era of changing attitudes about media. Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property -- patent, copyright, trademark, and trade secret -- and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps. The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.
Author: Matthew L. Smith
Publisher: MIT Press
Release Date: 2014-01-10
Genre: Political Science
The emergence of open networked models made possible by digital technology has the potential to transform international development. Open network structures allow people to come together to share information, organize, and collaborate. Open development harnesses this power, to create new organizational forms and improve people's lives; it is not only an agenda for research and practice but also a statement about how to approach international development. In this volume, experts explore a variety of applications of openness, addressing challenges as well as opportunities.Open development requires new theoretical tools that focus on real world problems, consider a variety of solutions, and recognize the complexity of local contexts. After exploring the new theoretical terrain, the book describes a range of cases in which open models address such specific development issues as biotechnology research, improving education, and access to scholarly publications. Contributors then examine tensions between open models and existing structures, including struggles over privacy, intellectual property, and implementation. Finally, contributors offer broader conceptual perspectives, considering processes of social construction, knowledge management, and the role of individual intent in the development and outcomes of social models. ContributorsCarla Bonina, Ineke Buskens, Leslie Chan, Abdallah Daar, Jeremy de Beer, Mark Graham, Eve Gray, Anita Gurumurthy, Havard Haarstad, Blane Harvey, Myra Khan, Melissa Loudon, Aaron K. Martin, Hassan Masum, Chidi Oguamanam, Katherine M. A. Reilly, Ulrike Rivett, Karl Schroeder, Parminder Jeet Singh, Matthew L. Smith, Marshall S. SmithCopublished with the International Development Research Centre of Canada (IDRC)