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eBook details

• Title: Public Policy Issues Surrounding Online University Courses.
• Author : Forum on Public Policy: A Journal of the Oxford Round Table
• Release Date : January 22, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 274 KB

Description

Introduction Copyright law in the United States today is governed by the Copyright Act of 976. (1) Under that law works put into a tangible form are automatically given a statutorily created copyright for the life of the author plus 70 years. If a copyright is owned by a publishing house, the copyright expires 70 years after the death of the last surviving author. (2) At the time Congress drafted this act, the internet was in its infancy and was inaccessible to all but the most sophisticated users. Congress could not have foreseen the issues that now exist in a university setting when courses are offered online. It probably did not foresee the development of what some have termed the corporatization of the university. (3) Nor could it have foreseen the explosion in online learning. It certainly was not thinking about the increasing university reliance on adjunct faculty or the fact that many adjunct and part time professors teach at more than one institution or hold a full time job as an employee of another company or perhaps are self-employed. It certainly could not have foreseen the United States Supreme Court decision in the N.L.R.B v. Yeshiva (4) case four years later, or that copyright and labor relations law could have a relevance to each other and to the tradition of academic freedom that university faculty so cherish. Thus when it decided to statutorily define a "work for hire" to subsume the case law definition of the "work for hire" exception to the general premise of copyright law that a copyright belongs to the creator of the work, Congress may not have realized it would also be eliminating a judicially created exception to the exception (the "teacher exception") that presumes ownership of academic works to be with the professor or teacher who creates them. (5) Yet all of these events have converged to raise significant public policy issues of concern to academia.

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