Higher Education and Copyright

[HAZEL4205@aol.com]

There appears to be a strong desire to look the other way when the quality
of online education is discussed and inferior programs are identified.  
In our program most catalog entries identified the issue of copyright as a
topic to be covered.  I am certain the program congratulated itself on
covering these issues partially.  In the last five years only one
disasterous class on the specific of copyright was offered notwithstanding
the fact that many programs suggested a course in copyright be taken.

I strongly disagree with Bosire Onyancha of the University of Eastern
Africa, Baraton, that higher education is disregarding the obligation of
copyright issues on a broad basis.  The Technology, Education and
Copyright Harmonization Act of 2002 17 U.S.C. 110(2) and 17 U.S.C. 112(2).
has created a a responsibility for higher education to instruct its
faculty and students on the laws of copyright as they pertain to the
higher education environment.  Most institutions have taken this
obligation seriously.

While the TEACH Act has expanded the scope of use of copyright materials
by Not for Profit Educational Institutions to include electronic
transmission of copyrighted materials without permission from the
copyright owner and without payment of royalties. It has also made suing
infringers easier for publishers by permitting suit against the
facilitator of copyright infringement.

Facilitators of copyright infringement, including not-for-profit academic
institutions, can be held responsible for acts of individual infringers.  
A single lawsuit can eliminate the distribution mechanism for a large
number of end user copies. Thus the TEACH Act creates economies of scale
for publishers in pursuing legal sanctions, both criminal and civil,
against infringers.

There are many model efforts:

Specific examples of a university adopting and applying a policy which
addresses the issues of use of copyrighted materials in terms of Fair Use
and the TEACH Act are more difficult to find online, though good ones are
beginning to appear.  North Carolina State University leads the way in
this area with a simple straightforward website that meets and exceeds the
minimum standards of the TEACH Act:

http://www.ncsu.edu/policies/governance_admin/gov_gen/REG01.25.3.php 

NCSU has developed a compact copyright policy with the punch the statute
is seeking. This policy requires that the University community be
furnished with "information about copyright law, with a particular
emphasis on the application of fair use in academic settings." Workshops
are required by policy for the purpose of educating "the University
community about copyright and fair use."

Web-based resources on copyright laws in general and on the application of
fair use in specific situations are also required by policy statement. A
resource person is required to be designated by each Dean and Chancellor
tt address issues of fair use. The designated resource person is required
to receive copyright issue training from the Office of Legal Affairs with
assistance from the Scholarly Communication Center in the Libraries. The
resource person will then be the primary contact for persons who have fair
use and copyright permission questions related to University business or
student works:

http://www.ncsu.edu/policies/governance_admin/gov_gen/REG01.25.3.php

The University of Texas has also created a comprehensive Copyright Policy
which goes beyond a simplistic one dimensional use and ownership policy.  
Their policy incorporates the traditional Fair Use issues with online
training for fair use guidance. An important element of the U.T. policy
focuses on facilitating easy access for the purpose of obtaining detailed
permissions for the use of copyrighted materials. U.T. maintains an
extensive list of permission agencies with the authority to license the
use of copyrighted materials. It appears the Courts are more likely to
find an infringement where there exists easy access for obtaining
permission. U.T. also focuses on negotiating a broad and comprehensive
access license for the uses that they know they will make of electronic
works.

Georgia Harper in her UT Copyright website honestly addresses the reality
that universities do in fact take calculated risks in some instances in
the use of copyrighted materials.  This honest assessment of the reality
of academic life is one of monumental importance.  It is important to
openly evaluate the known uses of materials that are not consistent with
the law of copyright or, a mimimum, fall into a gray area.  Ms. Harper
notes:  All of the aspects of a comprehensive copyright policy are
related:

As we get serious about fair use, we have to get serious about getting
permission.  As we get serious about getting permission, we have to get
serious about licensing comprehensive access.  As we get serious about
protecting every one else's copyrights, we'd better get serious about our
own copyrights and begin to manage them more effectively.

Ms. Harper is located in the System Office of General Counsel and is the
only copyright attorney for all fifteen University of Texas institutions,
though there are others who respond to questions about copyright on the
individual campuses.


The University of Colorado at Boulder has an incredibly "hip" website, and
let's face it, that's what works.  Like most copyright websisites at
higher education institutions, this website is a work in progress and is
routinely being modified.  In other words, check back later if you decide
to use this format for inspiration.  www.colorado.edu/copyright/student.  
A more formal system wide site is also published. See:
http://www.cusys.edu/ip/copyright/index.html 

CU's system-wide legal counsel responds to requests from the MPAA and the
RIAA, and fields questions about faculty use of copyrighted materials:

http://www.colorado.edu/copyright/contactus.html 

Like all successful initiatives, Colorado has worked diligently to create
a campus wide program with broad input.  Campus copyright initiatives are
run through the CIO's office on campus, the Office of the Vice Provost for
Academic and Campus Technology, and are successful because they involve a
large number of stakeholders in developing educational and communication
programs.  Working groups regularly include representatives the Libraries,
Housing, IT Services, the Book Store, faculty, and students.

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