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intellectual property and graduate students
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Date: Thu, 1 May 1997 08:49:19 -0700
From: Tony Rosati
Intellectual Property May Prove to Be the Pressing Graduate & Professional Student Concern at the Turn of the Century!
Find Out How YOU Can Help NAGPS Prepare to Help Save YOUR Intellectual Property Rights!
by Anthony Rosati NAGPS Information Exchange Coordinator
Recently, at the Annual NAGPS Southeastern Regional Meeting, in Atlanta this past April 11-13, Anne Holt, former SE Regiona Coordinator for NAGPS & Speaker of the Congress of Graduate Students of Florida State University gave a presentation & presided over a Roundtable on Intellectual Property. Her findings shocked the entire room of attendees.
She started off using her school, FSU, as a starting point. She pointed out that at FSU, graduate & professional students, and even undergraduate students, fall under the faculty guidelines for intellectual property, regardless of whether they are working for the university or simply matriculated. In addition, the FSU faculty handbook, in the section where IP issues are discussed, clearly points out that even in areas that are unrelated to the work done at the university and abny work done at home or after-business-hours is encompassed. It even explicitedly stated that AFTER one left the FSU, one's work, whether reklated to the support received from FSU or not, could be claimed by FSU and was, for all intents and purposes, theirs to lay claim to. We were all shocked. It basically stated that regardless of whether you were working on campus or not, working during business hours or not, working on something you were matriculated or hired for, if you came up with it, it belonged to the FSU.
Anne mentioned several cases, including one of a Univ. of South Florida graduate student, who documented that he worked on a computer software package off-hours and at home, without any resources from the university, and yet is still sitting in a jail cell awaiting trial.
Then Anne Holt began asking attendees what their schools' IP policies were. Only a handful of individuals could cite them, and even fewer realized that they may be covered by such policies.
Anne Holt is now spearheading an investigation for NAGPS into what policies exist at different schools. She would like to collect as many policies as possible from different institutions. If you can, please send the relavent excerpts by e-mail to NAGPS-IP-CRISIS@NAGPS.ORG, or if transcribing that information into an e-mail message is too daunting or too large, please send a hardcopy or photocopy of the policy to
Anthony V. Rosati NAGPS Information Exchange Coordinator 6630 Moly Drive Falls Church, VA 22046 ATTN: IP Crisis
Anne & I will pour through the resulting collection and distill the results into a document for us by all NAGPS Members. Additionally, a recommended policy for Intellectual Property concerns between students and institutions of higher learning, as well as a draft position statement for the Association will be created and presented to the Membership at the New Orleans Meeting this coming October for amendment & ratification.
Before parting, Anne & I wanted to remind all that with the future of Intellectual Property becoming unstable and confusing, only YOU can best protect your Intellectual Property by:
(1) Knowing your rights under the contract(s) you signed when matriculating and/or accepting work with the university. (2) Knowing the current state & federal laws regarding the protection and claiming of Intellectual Property. (3) carefullly documenting the conditions, resources and chronology of your research and intellectual effort, regardless of its status. (4) Working with a strong advocacy group, like the AAUP, or the NAGPS, to ensure your rights are understood and addressed by local, regional & national legislatures.
You can learn some more about Intellectual Property Rights by going to the NAGPS Web site at http://www.nagps.org/NAGPS/ and clicking on the Focus Issues link - from there, click on the Legislative Issues link and go to the bottom of the page.
Regards,
Anthony Rosati NAGPS Infromation Exchange Coordinator
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