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269 Endnotes 1 As Wikipedia explains:“A work made for hire (sometimes abbreviated as work for hire or WFH) is a work created by an employee as part of his or her job, or a work created on behalf of a client where all parties agree in writing to the WFH designation. It is an exception to the general rule that the person who actually creates a work is the legally recognized author of that work.According to copyright law in the United States and certain other copyright jurisdictions, if a work is “made for hire”, the employer—not the employee—is considered the legal author. In some countries, this is known as corporate authorship.The incorporated entity serving as an employer may be a corporation or other legal entity, an organization, or an individual.The actual creator may or may not be publicly credited for the work, and this credit does not affect its legal status. States that are party to the Berne Convention for the Protection of Literary and Artistic Works recognize separately copyrights and moral rights, with moral rights including the right of the actual creators to publicly identify themselves as such, and to maintain the integrity of their work.” Original Source: US Copyright Office, Circular 9:Work-Made-For-Hire Under the 1976 Copy Right Act, available at: http://www. copyright.gov/circs/circ09.pdf 2 American Association of University Professors (AAUP),“1915 Declaration of Principles on Academic Freedom and Academic Tenure,” in Policy Documents and Reports, 10th ed. (Washington, DC:AAUP; Baltimore: Johns Hopkins University Press, 2006), 297. 3 Ibid. 4 AAUP,“Statement on Corporate Funding of Academic Research,” (2004) Policy Documents and Reports, 130. 5 AAUP,“Statement on Conflicts of Interest,” (1990), Policy Documents and Reports, 185. 6 Ibid. One of the more striking examples of an academic program marginalizing or even abandoning its traditional commitments and priorities is embodied in departments that replace their original research with company-directed drug or agricultural product testing. See Cary Nelson,“The Corporate University,” in Academic Keywords:A Devil’s Dictionary for Higher Education, ed. Cary Nelson and Stephen Watt (NewYork: Routledge, 1999), especially pp. 86–87 for further details. 7 AAUP,“On Preventing Conflicts of Interest in Government-Sponsored Research at Universities” (1965), Policy Documents and Reports, 184. 8 AAUP,“Statement on Government of Colleges and Universities” (1966), Policy Documents and Reports, 139. 9 AAUP,“On the Relationship of Faculty Governance to Academic Freedom” (1994), Policy Documents and Reports, 143. 10 AAUP,“Academic Freedom and Academic Tenure,” op. cit. note 2. 11 The University-Industry Demonstration Project (UIDP) describes itself as an organization of universities and companies “committed to increasing the number and breadth of university-industry collaborative partnerships in the US.”The UIDP states that it is a 270 ENDNOTES project of the National Academies, carried out in association with the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine (IOM), although its recommendations are far less comprehensive and strong than the 2009 IOM recommendations related to conflicts of interest in health research, cited frequently in this AAUP report. In addition to issuing several university-industry guidelines, including “Guiding Principles for University-Industry Endeavors” and “Contract Accords for University Industry Sponsored Agreements,” UIDP has put out a software program, calledTurboNegotiator, which it says can be used to streamline industry-academy contract negotiations and “reach consensus regarding critical business elements in these agreements, such as intellectual property, indemnification and publication rights.”The UIDP’s Contract Accords pamphlet admirably lays out the fundamental purposes of university research, and it contains good advice about how to work collaboratively with industry. However, in the AAUP’s view, it does not offer guidelines sufficient to protect the distinctive campus “open research environments” it endorses. In what follows, we note agreements and disagreements the AAUP has with the work UIDP has done. Conflicts of Interest: The “Contract Accords” statement lists among its principles that “conflicts of interest, real and potential, should be reduced, eliminated, or managed in accordance with university policy and disclosed to the sponsor”(8), but it fails to address our primary concern: conflicts of interest that arise directly from the relationship with the sponsor, which must be disclosed, not only to the sponsor, but to other outside parties as well, including members of the scientific community, journal editors, and the broader public. Publication: The “Contract Accords” properly declares that “[publication] delays shouldn’t be allowed to jeopardize academic progress of students” (11). It...

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