[Cc-uk] Academics are not free either...

Andy Powell a.powell at ukoln.ac.uk
Fri Apr 29 09:36:29 EDT 2005

On Thu, 28 Apr 2005, Jonathan Mitchell wrote:

> 6. Bath : "In accordance with normal  academic practice, and unless agreed
> otherwise, the University does not claim copyright in scholarly output
> produced by staff or students in the course of their employment or research
> work or in the course of studies at the University".
> I know there are institutions that do make wide claims to copyright in
> academic writing, and most if not all universities do make some claims to
> employee IP. But this six-nil result suggests that Paul Harkins was broadly
> correct in writing "Academics can happily use CC licenses for their work ".

Not being a lawyer, I'm confused by this discussion!  The Bath clause 
above (I'm an employee at the Uni of Bath and hence have a direct 
interest in this particular case - but I suspect it's an issue that is 
applicable more generally) is an execption to the more general claim

  The University claims ownership of all IP arising from work undertaken by
  staff, whether academic or non-academic, in the course of their
  employment by the University, or which relates to their area of academic
  activity, or which is specifically assigned to them, in their contract of
  employment or otherwise, or developed under a contract between themselves
  and the University or between the University and a third party(ies),
  subject to the exceptions listed in paragraph 3.3 below.

As you say, this broader claim is probably typical within universities.

Does this broader claim over 'all IP' (followed by an exception for 
copyright over 'scholarly output') have any impact on my ability to assign 
a CC licence to my 'scholarly output'?

I appreciate that people won't want to give specific legal advice on the 
list - but I'm interested in what impact claims over ownership of IP other 
than copyright have an the ability to assign CC licences to stuff.

Apologies if this is a very naive or downright stupid question!

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