Brain drain

Until recently, it was presumed that academics and students were free to publish works and exploit their scientific creations, unless the contribution of the university was such that the creation was not merely that of the individual, but rather was owned jointly by the individual and the institution. In the absence of written agreements to the contrary, staff and students retained the rights to the works they produced during their employment and study. The position of academics was inconsistent with that of other employees (in general, an employer acquires the rights to intellectual property created by her or his employees in the course of their employment), but the exception existed because, unlike almost all other employees, academics’ work depends exclusively on the knowledge they possess. If a university were Lo have a proprietary interest in academics’ lectures, it could not only severely restrict their independence, but also make employment at any other institution virtually impossible. The rights to works produced by students, by contrast, presented little possibility of ownership by anyone but the student. Far from being in the position of an employer, universities are paid for the education of enrolled students through student fees and Commonwealth funding. Unless it could be argued that the contribution of the university was such that the student was merely a joint author, all work remained her or his own.