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Who Owns Academic Work?: Battling for Control of Intellectual Property / Edition 1

Who Owns Academic Work?: Battling for Control of Intellectual Property / Edition 1

by Corynne McSherryCorynne McSherry


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Who owns academic work? This question is provoking political and legal battles, fought on uncertain terrain, for ever-higher stakes. The posting of faculty lecture notes on commercial Web sites is being hotly debated in multiple forums, even as faculty and university administrators square off in a battle for professorial copyright. In courtrooms throughout the country, universities find themselves embroiled in intricate and expensive patent litigation. Meanwhile, junior researchers are appearing in those same courtrooms, using intellectual property rules to challenge traditional academic hierarchies. All but forgotten in these ownership disputes is a more fundamental question: should academic work be owned at all? Once characterized as a kind of gift, academic work—and academic freedom—are now being reframed as private intellectual property.

Drawing on legal, historical, and qualitative research, Corynne McSherry explores the propertization of academic work and shows how that process is shaking the foundations of the university, the professoriate, and intellectual property law. The modern university's reason for being is inextricably tied to that of the intellectual property system. The rush of universities and scholars to defend their knowledge as property dangerously undercuts a working covenant that has sustained academic life—and intellectual property law—for a century and a half. As the value structure of the research university is replaced by the inequalities of the free market, academics risk losing a language for talking about knowledge as anything other than property. McSherry has written a book that ought to deeply trouble everyone who cares about the academy.

Product Details

ISBN-13: 9780674012431
Publisher: Harvard
Publication date: 10/15/2003
Edition description: New Edition
Pages: 288
Product dimensions: 5.69(w) x 8.94(h) x (d)

About the Author

Corynne McSherry is an attorney at Bingham McCutchen in San Francisco, CA. She holds a Ph.D. in Communication from the University of California, San Diego.

Table of Contents



1. Building an Epistemic Regime

2. An Uncommon Controversy

3. "University Lectures Are Sui Generis"

4. Metes and Bounds

5. Telling Tales Out of School





What People are Saying About This

Mark Rose

Corynne McSherry makes a compelling argument about the ways intellectual property debates figure in the university today. Who Owns Academic Work? is at once one of the most important recent books on the contemporary university and one of the most interesting on intellectual property issues as well.
Mark Rose, University of California, Santa Barbara

Jane Gaines

In the best tradition of cultural studies, McSherry chooses an unfamiliar object of study, approaching it from without rather than from within... What is significantly different here (and stunning) is the thesis that intellectual property has produced a crisis in the research university and that, in turn, the question of scientific research has "troubled" intellectual property principles... At stake is the maintenance of a "community of science" in which trust and exchange of ideas has historically characterized the climate.
Jane Gaines, Duke University

Mario Biagioli

Who Owns Academic Work? is required reading for anyone interested in the peculiar author-function of academics, and in the ways it both resembles and differs from the protocols of intellectual property law. McSherry's intellectual and empirical skills make this work both thought-provoking and informative.
Mario Biagioli, Harvard University

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