Receipt of the Draft Document
"Ownership of New Works at the University:
Unbundling of Rights and the Pursuit of Higher Learning"

AS-2348-96/AA(a) - November 7-8, 1996

RESOLVED: That the Academic Senate of the California State University receive the July 26, 1996, draft "Ownership of New Works at the University: Unbundling of Rights and the Pursuit of Higher Learning"* produced by the CSU-SUNY-CUNY Joint Committee,** and recommend that the document be amended to include provisions for faculty joint ownership; and be it further

RESOLVED: That the Academic Senate CSU urge campus senates to be informed by the principles and recommendations contained in the draft, "Ownership of New Works at the University: Unbundling of Rights and the Pursuit of Higher Learning" when considering the development or revision of policies on ownership of intellectual property; and be it further

RESOLVED: That the Academic Senate commend the CSU-SUNY-CUNY Joint Committee for developing an innovative framework for present and future discussions of issues surrounding the ownership of intellectual property as contained in the draft, "Ownership of New Works at the University: Unbundling of Rights and the Pursuit of Higher Learning."

RATIONALE: Faculty further the mission of higher education, in part, by the creation of new intellectual property. These original works of authorship, inventions, and discoveries now take digital, multimedia, and many other diverse forms. Intellectual property produced by faculty are presented to our students and our public in many formats other than the printed page or traditional art media. Modern electronic and communications technologies are used everyday by our faculty, and new technologies continue to evolve for use in the teaching-learning process.

The draft publication, "Ownership of New Works at the University: Unbundling of Rights and the Pursuit of Higher Learning," presents ideas designed to move university faculty and administrators forward cooperatively and productively into a realm of intellectual property ownership which is based on mutual benefit. The thrust of the publication is to use the ownership of intellectual property in a context of unbundling and sharing, through exclusive and non-exclusive licenses, the rights associated with copyright ownership. The basic premise of the publication is that an "all-or-nothing" approach to copyright ownership rarely leads to the most constructive resolution of issues related to the subject of copyright in higher education.

The draft publication begins with a set of principles to guide faculty and university administrators through copyright questions. It explains the concept of the unbundling of rights; includes a set of illustrative scenarios which applies the "Three Cs"–– creative impetus, control, and compensation––in the determination of the owner of the copyright to a newly created work, and ends with some recommendations for university administration and faculty to consider as they establish policy and enter into contracts.

APPROVED UNANIMOUSLY --November 7-8, 1996



 
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