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The role of copyright on the modern college and university campus is overdue for fresh examination. Copyright ownership issues and related contests over rights risk impeding higher education's ability to serve as a cultural and knowledge commons, a specially constructed space where human and artifactual resources interact in ways that benefit society at large. At present, copyright concerns raised by trends involving student entrepreneurship, the digital humanities, and the digitization of special collections material housed in campus libraries threaten higher education's potential to benefit society to the fullest.

This Article reviews developments in these three areas of higher education through the lens of copyright, examining, in particular, the copyright ownership-as opposed to use-questions they present. In these emerging contexts, institutional claims to copyright often work to the detriment of students, faculty, and …