Higher education has experienced challenges defining and implementing copyright compliance. Confusion among faculty and staff appears to be common regarding copyright and fair use. The original copyright doctrine was drafted over 200 years ago, which predates practically all technological advances that have and will continue to occur. Change is…

Intellectual pursuit and the recognition of ideas is a central concept. Copyrights protect the rights of intellectual creators while balancing those rights with the needs for access. As technologies have expanded, and production has become more sophisticated, the legal regulations surrounding their use have become more complex. With the advent of…

As new technologies emerge on campuses, how can colleges avoid legal land mines? What are the areas of greatest risk, and how should higher-education leaders deal with them? In this article, three experts offered their advice at the Technology Forum: Beth Cate, associate general counsel at Indiana University, on data privacy and security; Steven…

Educators and librarians are concerned that, if fair use principles for copyright of electronic data are not resolved soon, traditional scholarly and educational communication will be seriously disrupted. The Clinton Administration's Working Group on Intellectual Property Rights has been searching for common ground with copyright owners in an…

This report gives an overview of the past and present domestic and international legal framework for database protection. It describes database industry practices in securing protection against unauthorized use and Copyright Office registration practices relating to databases. Finally, it discusses issues raised and concerns expressed in a series…

Discusses the copyright implications of the practice in some academic libraries of converting reserve materials to electronic format to make more copies available to patrons. Issues considered include fair use, public display, remote availability, character of use, and substantiality of copying. (seven references/notes) (EA)

Discusses copyright law, linking without permission, and trademark law--limiting the manner links are displayed. Explains framing, allowed by law, though particular use of a frame could confuse consumers as to the information source, and how framing may implicate trademark concerns. Examines Second Circuit opinion that could severely limit the…

Management of intellectual property and, in particular, copyright is one of the most challenging issues in an increasingly digital world. The rise of the open access (OA) movement provides a new model for managing intellectual property in educational and research environments. OA aims to promote greater and more efficient access to educational and…

Discusses provisions of interest to college administrators and faculty in the 1998 Digital Millennium Copyright Act, focusing on two sections: limitations on infringement liability for "service providers," and prohibitions on circumvention of technological-protection measures. Definitions and legal implications are examined, and actions…

Practical and policy questions concerning intellectual property are considered in the context of advancing information technology and expanding international exchange of ideas, and specifically as they are or need to be addressed by Australian copyright and patent law. A 1995 discussion paper by the Australian Vice-Chancellors' Committee is…

Officials from higher education, government, and industry are examining ways to create and maintain a nationwide computerized information network. Issues include the choice of technology, locus of responsibility, financial support, copyrights, and making the system useful for the majority of individuals. (MSE)

While college libraries embrace new technologies to provide access to a broader range of information, they must also cope with high costs, both financial and legal. In the print medium, access and distribution are governed by copyright laws; in the electronic media, they are dependent on the technology available to the library and on terms of…

Discusses the allocation of copyright ownership of electronic course materials between faculty member and the sponsoring institution. Reviews relevant copyright basics, the work-made-for-hire doctrine, and options for contractual allocations of copyrights. Outlines a series of criteria that should be considered in formulating an institution's…

This book discusses the key legal issues public schools face in using the World Wide Web, e-mail, and other computer technologies. Chapter 1 covers the foundations of school Internet law, including Supreme Court decisions, the legal standard of conduct, standards for technology literacy, and federal vs. state law. Chapter 2 discusses freedom of…

Twelve recommendations for streamlining the transition to new educational technologies in higher education address asking fundamental questions, building a vision, adjusting to permanent change, exercising judgment and trust, rejecting dichotomies, understanding intellectual property and fair use, developing guidelines and policies, preparing for…