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Intellectual Property and Education  

John Willinsky

Concerns about intellectual property in education typically involve administrative interest in improving institutional compliance with copyright and patent laws. The focus on compliance, rather than on intellectual property as an area of educational inquiry for students raises two questions: Are educational institutions adequately preparing students (a) to participate in a global economy that is increasingly driven by intellectual property and (b) for a future in which the creation and distribution of intellectual property is being reshaped by the emerging digital era? The educational value of intellectual property begins, however, with history of the concept in which learning played a strong role in giving shape to the idea of text as an intangible good associated with distinct properties, rights, and responsibilities, with all of this taking place well before the 18th-century introduction of the modern concepts of copyright and patent law. In light of this history and its contemporary standing, intellectual property has much to offer as a way for students and teachers to gain insight into the nature of creative work in relation to private property and the public domain. While education benefits from exceptions made for “fair use” and other exemptions in copyright law, the digital era has seen the introduction of new intellectual property strategies that support the collective educational enterprise, including Creative Commons licensing, open educational resources, open access to research, and open source software. While intellectual property has played a small part in business education and composition classes in the past, a number of innovative programs now involve students in different approaches to balancing the private and public interests associated with this concept, suggesting the value that intellectual property holds, as a teachable topic, for the curriculum and for thinking, more broadly, about education’s role as a public good.

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The Impact of COVID-19 Laws, Policies, and Practices on Educational Equity  

Nate Hutcherson, Sergio D. Barragán, Shadman Islem, and Raquel Muñiz

K–12 education and higher education in the United States were drastically affected by COVID-19. Local, state, and federal leaders’ decisions in response to the pandemic were meant to protect the health of their communities. These decisions included school closures across the country, vaccine mandates in some states, and bans on vaccine mandates in other states. Additionally, educational institutions made adaptations to education that resulted in widespread differences in students’ educational environments. These adaptations included remote learning in the K–12 and higher education contexts, changes to student support services, and changes in standardized testing requirements for higher education admissions applications. The result of these decisions and adaptations were educational laws, policies, and practices that were not equally enjoyed and experienced by all students but rather further exacerbated preexisting educational disparities. Marginalized students, including low-income individuals, students of color, first-generation students, and English Learners, already faced significant barriers to fully engage in their education prepandemic. The inequities of pandemic responses only served to further entrench these disadvantages. These efforts raise important considerations for future research, policy, and practice that can curb the effects of the COVID-19 pandemic and future crises.