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The handbook: intellectual property

The handbook: intellectual property

The past week marks a major shift in the American debate over intellectual property rights and the enforcement of existing legal codes.

Online powerhouses roused dissent among commoners Jan. 18 by publicly protesting two bills proposed by the U.S. Congress. Wikipedia censored itself for 24 hours to draw attention to legislation that could, according to its opponents, “break the Internet.”

FBI agents acted on more than 20 search warrants Jan. 19 in nine different countries, seizing $50 million in assets and 18 domain names related to Megaupload.com, according to The New York Times, all in the name of enforcing existing copyright law.

“Anonymous” responded quickly. By day’s end, the clandestine collective of hacktivists took down major websites that supported the Megaupload raid, including sites belonging to the FBI, the Department of Justice and the copyright offices in the U.S. and France. Also affected were websites belonging to major proponents of the proposed anti-piracy legislation, including the Motion Picture Association of America, the Recording Industry Association of America, Universal Music, Warner Music and others.

Congress then tabled the two controversial anti-piracy bills Jan. 20, two days after their proposals caused such a stir online.

But Congress isn’t the only legislative body with an interesting stance on intellectual property rights. Crack open a 2011/2012 student handbook, if you care to read a curious claim made by Indiana Wesleyan University officials regarding content produced by its students:

Page 30 states that “all information composed, transmitted, received or stored via the IWU computer system is also considered the property of Indiana Wesleyan University. As such, all stored information is subject to disclosure to management, law enforcement and other third parties, with or without notice to the student.”

This “Exclusive Property” clause in the handbook may appear to be an attempt to comply with lawful requests by law enforcement officers, whether they be enforcing state law or IWU codes of conduct. But if this were truly the only purpose served by the rule, it would merely restate the “Technology Equipment” clause a page earlier, which reads:

“Technology equipment provided by the University is the property of IWU, and as such IWU retains the right to remove, reallocate, or change equipment at its discretion. No information residing on any computer hardware owned by IWU should be considered private and therefore is subject to review by University staff.”

This “Technology Equipment” clause is completely acceptable, but the “Exclusive Property” clause makes the dubious claim that everything I transmit, using IWU’s technological equipment, belongs to the school.

I spent a semester at the L.A. Film Studies Center, a program offered by the Council for Christian Colleges & Universities. For insurance reasons, all films produced by LAFSC students belong to the center, which I was required to list as the “production company” for each of the three films I produced.

Upon returning to IWU, I spoke with my academic adviser, Dr. Randall King, to ensure that the short film I produce for my senior project would remain my property alone. Instead, this rule could possibly indicate otherwise.

The question rests in how the interpreters of these two clauses choose to define “information.” Does the “Exclusive Property” clause claim intellectual rights to my film and anything I write, such as this column? Or does the term “information” apply solely to the lingering files archived by the IWU technology equipment? The former interpretation presents some terrifying legal ramifications, while the latter makes me ask what the “Exclusive Property” clause adds to the “Technology Equipment” clause a page earlier.

Policies like these are not unique to IWU. Other university policy books include similar clauses which are similar to rules commonly enforced in the corporate world. Regardless, this is a prime example of an ambiguously worded student handbook rule with potentially contentious implications.

 

This column is part of a series:
The handbook: an introduction
The handbook: intellectual property
The handbook: free speech
The handbook: sexual misconduct
The handbook: bigotry

This post was written by:

- who has written 50 posts on The Sojourn.

News Editor. Steven joined The Sojourn in the fall of 2010 and is News Editor for the 2011-2012 school year. He will graduate in the spring of 2012 with a B.S. in Media Communication, a minor in Journalism, and membership in IWU’s Mary C. Dodd Honors Program. Follow him: @stevenp1329.

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