Re: Who owns the rights? BY Arnold Lutzker

["Olga Francois" <ofrancois@xxxxxxxx>]

Reply by Arnold Lutzker...

From: "Arnold Lutzker" <arnie@xxxxxxxxxxx>
Organization:Lutzker & Lutzker LLP
To: <digital-copyright@xxxxxxxxxxxxxx>

Normally, the employer owns the works of employees, performed in the
course of employment.  If a faculty is adjunct or contract, then it
should state in the contract that it is a "work for hire" if the
institution wants to claim clear ownership of the work.  There are
obvious sensitivities to these issues on campus.  Particularly in light
of the notion of academic freedom, the faculty often assumes a greater
sense of ownership of work product. Prof. Arthur Miller had the issue
raised by Harvard when he took his syllabus and began working for an
Internet education company. Also, you may need to consider whether the
work is created individually, or collaboratively, in which case the
institution may have further claim to interest, or other individuals (in
their individual capacity, based on their contracts of employment), may
have a greater claim.

-Arnie Lutzker