Trade in Education: The Role of Copyright

Notes and References

1. I would like to thank Dr Brad Sherman for his helpful comments on earlier drafts of this article.

2. The Higher Education Financing and Policy Review Committee (The West Committee). Learning for Life, A Review of Higher Education Financing and Policy: A Policy Discussion Paper, Canberra, 1997 at p. 16.

3. Other reasons for supporting the development of intellectual property include the following spin-offs to universities and the nation: • the promotion of the fundamental objectives and purposes of the institution in teaching, research and furthering knowledge for its own sake; • the protection of the integrity and welfare of the institution; • the expansion of the potential for increasing regional and international links; the ability to obtain an appropriate return for the use of facilities, resources and services provided by the institution outside the mainstream activities of teaching and research; • the encouragement and development of institutional growth, progress and success through ventures and industry and commerce in mainstream and peripheral activities for full commercial return; • the provision of fair and reasonable remuneration for staff and students in return for profitable and sound performance; • the provision of incentives for staff and students in developing and applying intellectual activity in the fields of industry, commerce, science, literature, and the arts; and • the attraction of the highest quality staff.

4. Recommendation 10 reads: The AV-CC recommend (i) that the Review Committee note the crucial importance of a strong research base and associated research activity on universities to the generation of intellectual property; and (ii) that Government, universities and the Business Council of Australia jointly review the processes leading to the patenting and commercialisation of intellectual property developed within universities with a view to improving these, and assessing the effectiveness of current mechanisms’, The Higher Education Financing and Policy Review Committee (The West Committee), op. cit., Ref. 2.

5. Where intellectual property is considered, most attention has been given to patents and the successful commercialisation of academics’ research.

6. B. Godwin & I. McDonald, August 1997.

7. See A. Monotti, ‘Ownership of copyright in traditional literary works within universities’ Federal Law Review, 22, 1994, 340 at p. 341.

8. B. Godwin & I. McDonald, Intellectual Properly: Preliminary Submission on Copyright Issues, in The Higher Education Financing and Policy Review Committee (The West Committee), op cit., Ref. 2.

9. L. Ray Patterson & Stanley W. Lindberg, The Nature of Copyright, A Law of Users’ Rights, University of Georgia Press, Athens and London, 1991, pp. 177–178.

10. Unsourced quote attributed to Margaret Thornton by D. Saunders, ‘The intellectual property of academics as teachers, scholars or researchers’, Australian University Review, 1993, 36, 1, pp. 2-4 at p. 2, cited in Australian Copyright Council, Teachers and Researchers as Creators, ACC, Sydney, 1997, p. 45.

11. The Economist, ‘Publish On-line or perish’ Australian, 5 February 1998, p. 40. The increase in the number of scholarly journals published, escalating prices, the declining value of the dollar on international markets, and static budgets in research libraries mean that few new journal titles are being added to library collections, and many subscriptions have been cancelled in research libraries throughout the country.

12. That is, university libraries are faced with repurchasing the scholarly articles of their own faculty authors, often at greatly inflated prices. See L. N. Gasaway, ‘Scholarly publication and copyright in networked electronic publishing’, Library Trends, 43, 4, 1995, pp. 679-700 at p. 681.

13. J. McKeough, Blakeney & McKeough Intellectual Property: Commentary and Materials, 2nd edn, Law Book Company, Sydney, 1992, p. 93.

14. Australian Vice-Chancellor's Committee (AV-CC), Discussion Paper, 1995, p. 9.

15. Australian Copyright Council, Teachers and Academics as Creators, ACC, Sydney, 1997. p. 36.

16. Director of the Copyright Management Centre Indiana University-Purdue University in ‘Copyright and libraries in 1995: strengthening owner's rights and a proposal for greater access’, Paper presented at the Annual General Meeting of the American Library Association, Chicago, Illinois, 24 June 1995, p. 3.

17. See A. Monotti, ‘Power to modify the vesting of copyright in an employer: subsection 35(3) Copyright Act 1968 (Cth) and Australian Universities’, EIPR, 715, 1997 at p. 718.

18. National Tertiary Educational Union (NTEU) Model Intellectual Property Policy at 3, referred to in the Australian Copyright Council, Teachers and Academics as Creators, Bulletin 91, ACC, Sydney, 1995, p. 36.

19. Australian Copyright Council Bulletin Teachers and Academics as Creators, Bulletin 91, ACC, Sydney, 1995, p. 31.

20. For example, see the Australian National University's Network Information Forum No. 1, Electronic Publication of the Australian National University's Research and Teaching Output, 23 July 1996 and Forum No. 2 A Virtual University, 6 September 1996.

21. L. N. Gasaway, Scholarly Publication and Copyright in Networked Electronic Publishing, Library Trends, 43, 4, 1995, pp. 679-700 at p. 681.

22. http://www.nlc-bnc.ca/ifla/documcnts/infopol/copyright/intllpty.txt

23. P. Spearritt & J. Thomas, ‘Academic intellectual property in a new technological and industrial context’, Australian University Review, 39, 1, 1996, pp. 29-33 at p. 30.

24. G. Barwell ‘Electronic Publishing: A Measure of Success’, in Australian Vice-Chancellors’ Committee (AV-CC), Key Issues in Australian Electronic Publishing, Collected Reports of Electronic Publishing Working Group, Canberra, 1995-6.

25. See National Tertiary Education Industry Union (NTEU) submission to the Copyright Law Review Committee (CLRC), Discussion Paper, Copyright Reform: A Consideration of Rationales, Interests and Objectives, Attorney-General's Department, Canberra, February 1996 pp. 2–3.