I agree. In fact, here is the advice to academics given out by the Society of Authors (they gave me
permission to reproduce it!):
Academics Beware
It seems that a few universities and other higher education establishments - organisations which
directly or indirectly pay for/provide the resources for academic work to be created Ð are trying
to insist on assignments of copyright from lecturers, researchers, students, etc. This is partly
because institutions are beginning to recognise the commercial value of intellectual property -
indeed it begs the question whether they will increasingly focus on material they hope has
commercial value, to the detriment of work of more purely academic interest.
While recognising that some members have at least a degree of sympathy for the argument that in
some circumstances an institute/financier should share copyright - especially in areas such as
scientific research which would not be feasible without the input of the institution - we deplore
this practice, especially where a blanket approach is taken. Where justified, institutions should
at most seek a licence and/or a credit and/or a share of any income generated, on a case-by-case
basis.
If you are confronted by a request to assign all rights, and do not feel in a position to refuse,
here are some ways of making an assignment more tolerable:
- ask for the freedom to be able to reuse your own material to as great an extent as possible;
- insist on confirmation that your moral rights will be respected: the right to be credited as the
author; and the right not to have work subject to 'distortion or mutilation' or treated in a way
which is 'prejudicial to your honour or reputation'; (also the right not to have other people's
work Ð e.g. revisions with which you might not agree - wrongly attributed to you;)
- a fair share of any income generated;
- and - last but emphatically not least - a clear and reasonable distinction between work generated
within/arising directly from involvement with the academic institution (e.g. a report of research
undertaken at the institution's laboratories), and any other work which you may happen to create
while working there. The wider the discrepancy, the less the justification in taking copyright.
Think for example of the academic J. I. M. Stewart who also wrote detective novels (under the name
Michael Innes). It may also be appropriate to distinguish between material that can be patented or
trademarked, and straightforward literary and artistic works.
==
Terry Freedman
For articles on ICT and e-learning, and to subscribe to the free newsletter "Computers in
Classrooms", visit http://www.terry-freedman.org.uk/index.shtml
----- Original Message -----
From: James Clay
To: [log in to unmask]
Sent: Fri, 23 Apr 2004 11:17:23 +0100
Subject: Re: [VLES] Copyright
Of course this implies that you actually own what you prepare, and for most
staff working in educational institutions the IPR lies with the institution
and not the member of staff.
Copyright law (and most FE contracts) actually state quite clearly that you
don't own the copyright in stuff prepared during the course of employment.
Employment and Ownership: Section 11 (2) of the 1988 Act provides that the
copyright of works created during the course of employment will be owned by
the employer unless an agreement to the contrary is in place.
I of course realise that many HE contracts do have an agreement to the
contrary (though not all) in place.
I also realise that most institutions do not enforce their contracts (or the
law), but it has happened.
Another aspect is that sending work to be published may mean signing over
your rights to the materials you have prepared in which case you may no
longer have the rights to the materials any more and would be in breach of
copyright if you copied or used them in a maaner opposed by the publisher.
So even if you do as Tony describes (which can be used for creative work
outside employment), this doe not mean that you now have automatic ownership
over what you have prepared.
Though, if institutions took advantage of this then sharing could be much
easier within an institution.
James Clay
WCC Director
I would like to remind you that the information being provided in this
e-mail is for informational purposes only and should not be construed as
constituting legal advice.
>-----Original Message-----
>From: Virtual Learning Environments
>[mailto:[log in to unmask]] On Behalf Of Tony Westray
>Sent: 22 April 2004 14:28
>To: [log in to unmask]
>Subject: [VLES] Copyright
>
>
>Dick asked about copyright.
>Here's a very basic way to protect anything you prepare.
>Make a copy - whether hard or soft.
>Put the copy in an envelope addressed to yourself.
>Put your normal signature over the envelope seal.
>Put sellotape over your signature and across the whole seal.
>Mail it to yourself. When you receive the letter, leave it
>unopened. The postmark is proof of when you produced that item.
>
>Regards
>Tony Westray
>e-mail : [log in to unmask]
>
>Join the UK's number one for the internet www.freeserve.com/time
>
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>
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