University administrators who have distance learning programs under their charge are on the horns of a dilemma. Given the growing litigiousness of copyright holders and the unsettled state of the law, it has become very difficult to establish failsafe administrative rules to guide faculty and student use of copyrighted materials. But the use of…

Faculty develop intellectual property needed for online courses while employed by an academic institution. That institution has a claim on the copyright because the instructional materials developed by the faculty members could be seen as "works for hire." On the other hand, both tradition and case law have seen faculty as the copyright…

Although the 1976 copyright law provides teachers with specific rights and defenses concerning classroom use of copyrighted materials, litigation by publishers has affected college policies. Teachers should be educated concerning assertion of their rights, which will be lost if they are not used. Also, greater protection should be assured by…

The argument that universities have the right to exploit faculty work products as "works made for hire" is examined in light of recent Supreme Court cases on copyright law and the First Amendment. It is concluded that, despite the seemingly broad sweep of the work for hire provision, this provision of the Copyright Law cannot be…

The pamphlet discusses how colleges and universities can protect themselves and their employees from liability for copyright infringement, and proposes some guidelines to keep most uses of copyrighted material within the law. The principles underlying the Copyright Act of 1976 are explained, including the four-factor test to determine whether a…