Legal and Policy Responses to the Disappearing Teacher Exception, or Coyright Ownership in the 21st Century University

Abstract:     
This law review article explores the traditional concept of a teacher exception to the work for hire doctrine, and asks whether it still exists today. Part I introduces readers to the changing nature of the university as a commercialized space, resulting in increasing interest in works produced for the classroom. Part II explains the basics of copyright and ownership of copyrighted materials. Part III traces the debate over and changes in the 1976 Copyright Act, looking in particular at the case law on the teacher exception that developed concurrently to the review process that led to the 1976 Act, as well as the changes after the 1976 Act in the form of two decisions out of the Sevnth Circuit in the mid-1980s. Part IV reviews some of the current responses in the form of university policies around the country. Part V ends with suggestions on ways in which students, scholars, teachers, and other academics might approach their intellectual property creations in the current university environment.

Number of Pages in PDF File: 76

Keywords: copyright, ownership, Reid, teacher exception, Posner, university, 1976 Copyright Act

Accepted Paper Series