To What Extent Are University IP Policies Legally Binding? Part 2: Students

Abstract

University IP policies often provide for the IP created by students to be owned by the university. The legal basis of such IP policies is examined, including their contractual and legislative basis, in the United States, Canada, the United Kingdom, and Australia. Relevant case law in each jurisdiction is considered. Whether an IP policy can be “incorporated by reference” into the student enrollment contract is considered, and if so, whether an IP policy successfully incorporated by reference might amount to an unconscionable transaction and be void, under the common law, general law, and legislative provisions in those four countries. The question is asked whether universities need to own all the IP created by all their students, and considers how to obtain an assignment of IP from a student to minimize the risk of unconscionability.

Keywords: University IP Policies; IP policies; Universities; part 2 students; university