Yours, Mine, or ours?: An Analysis of Faculty Intellectual Property Under the Works-For-Hire Doctrine

Cary R. Kurtz

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DOI: 10.2190/F3W4-5W2Q-QWEW-6LPY

Abstract

This article traces the development of the Works for Hire Doctrine through case law under the 1909 Copyright Act, legislative history and the 1976 Copyright Act. Although case law under the 1976 Act has been sparse, the author analyzes case law and other writings to discuss ownership rights for faculty works. Various methods of protection for private and public sector faculty members as well as union and non-union faculty are analyzed and the author provides advice for future protection of faculty intellectual property.

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This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.