Universities generate an enormous amount of intellectual property,
including copyrights, trademarks, patents, Internet domain names,
and even trade secrets. Until recently, universities often ceded
ownership of this property to the faculty member or student who
created or discovered it in the course of their research.
Increasingly, though, universities have become protective of this
property, claiming it for their own use and licensing it as a
revenue source instead of allowing it to remain in the public
sphere. Many universities now behave like private corporations,
suing to protect trademarked sports logos, patents, and name
brands. Yet how can private rights accumulation and enforcement
further the public interest in higher education? What is to be
gained and lost as institutions become more guarded and contentious
in their orientation toward intellectual property? In this
pioneering book, law professor Jacob H. Rooksby uses a mixture of
qualitative, quantitative, and legal research methods to grapple
with those central questions, exposing and critiquing the
industry's unquestioned and growing embrace of intellectual
property from the perspective of research in law, higher education,
and the social sciences. While knowledge creation and dissemination
have a long history in higher education, using intellectual
property as a vehicle for rights staking and enforcement is a
relatively new and, as Rooksby argues, dangerous phenomenon for the
sector. The Branding of the American Mind points to higher
education's love affair with intellectual property itself, in all
its dimensions, including newer forms that are less tied to
scholarly output. The result is an unwelcome assault on the
public's interest in higher education. Presuming no background
knowledge of intellectual property, and ending with a call to
action, The Branding of the American Mind explores applicable laws,
legal regimes, and precedent in plain English, making the book
appealing to anyone concerned for the future of higher education.
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