AAHESGIT: Sources on Copyright, Etc.



(Approx. 100 lines from Jeremy Rowe of Ariz. State U. <Jeremy.Rowe@asu.edu> offering LOTS of references to sources of information about intellectual property and copyright law that might be relevant to those using information technology and related information resources for educational purposes. Rowe correctly urges those of us involved in higher education to pay more attention to emerging changes in copyright law that might dilute the notion that educators should be able to make "fair use" of copyrighted materials under some conditions for educational purposes without needing to obtain permission from the copyright holder. Of course, figuring out which conditions and purposes are "reasonable" for fair use in the new -- more digital -- environment is a continuing challenge. This needs to be done without undermining the ability of "authors" and "publishers" to be rewarded for their work, and without making it so difficult for faculty to use such materials that they avoid digital media.

Unfortunately, I haven't had time to check the spelling of URLs or visit any of these sources myself. Thanks to Rowe for providing what seems to be an excellent start for us.)

Steve Gilbert


Copyright and intellectual property issues related to technology-based instruction are complex and continually evolving. Copyright and intellectual property law provides some accommodation for direct face-to-face instruction within a classroom in a non-profit educational setting (fair use, off-air recording, etc. ), however, educational production and use of multimedia and distance education applications [appear to] fall outside these guidelines. Little guidance is available (though efforts such as CCUMC and CONFU [CONTU?] are addressing portions of Law) and policies fall far behind the capabilities of technology. Administrators and faculty who have become aware of the importance of these issues need resources to help them plan effectively, make reasonable decisions, and educate their peers about the issues involved.

An article available on the WWW provides a good summary of the issues involved in planning a multi-media product and obtaining permission to use components such as music, text, photographs, and characters.

POTENTIAL PITFALLS IN MULTIMEDIA MEDIA PRODUCT DEVELOPMENT: CLEARING THE NECESSARY CONTENT RIGHTS, by Paul F. Norris and Mark J. Bolender of Hendricks & Lewis [http://www.batnet.com/oikoumene/nobomediarights.html] is a good primer about the issues involved. Sufficient general background to orient the reader is provided for each area, as well as guidance for working through the obstacle course as knowledgeably, expeditiously, and cost-effectively as possible. Also included are sample wording for agreements and contextual definitions of many of the terms and concepts involved.

On an editorial note, the issues involving educational use of copyrighted materials were hotly debated during the past [US Congress] legislative session and will likely be again this year. Emphasis has been on strengthening the rights of the copyright holder and eroding use permitted without obtaining permission. It will be important for the voices of educators to be heard in the upcoming debate.

Other resources that address the issues of copyright and intellectual property that are helpful include (excerpted from a presentation by Jeremy Rowe, Head Media Development, Arizona State University, and Robert Houser of Quarles & Brady):

Copyright and Fair Use

Provides links to other sites and a searchable resource for information on copyright, fair use and multimedia such as; Primary Source Materials; Current Legislation, Cases and Issues ; Resources on the Internet; and an Overview of Copyright Law. [http://fairuse.stanford.edu]

The Copyright Web Site

Practical and entertaining presentation of information and guidance on copyright law particularly as it relates to Web issues. [http://www.benedict.com/]

Wellesley College Copyright Policy

Provides a model institutional policy for copyright utilization issues [http://www.wellesley.edu/Library/copyright.html]

Intellectual and Technology Law Links (Kuester)

This continually updated Web site is intended to be the most comprehensive resource available on the Internet for information related to technology law, including in particular patent, copyright and trademark law. [http://www.kuesterlaw.com/ index.html]

Bacal's Indispensable Website

Contains articles on intellectual property law and a comprehensive list of links to law related Web sites with a focus on intellectual property sites. [http://www.azlink.com/lawyers/]

Copyright Guide

Provides access to database on copyrights and a list of links to copyright related resources. [http://www.ilt.columbia.edu/projects/copyright/index.html]

Copyright Management Center (University of Texas)

Provides guidance and information to faculty, staff and students of the University of Texas System concerning applicable law and the alternatives available.

[http://gold.utsystem.edu/OGC/IntellectualProperty/cprtindx.htm]

Jeremy Rowe
Consortium for Instructional Innovation
Head, Media Development Information Technology
jeremy.rowe@asu.edu Arizona State University
(602)965-8622,(602)965-8698 Tempe, AZ 85287-0101


Steven W. Gilbert, Director, Technology Projects
American Association for Higher Education (AAHE)
202/293-6440 X 54 FAX: 202/293-0073
GILBERT@CLARK.NET
http://www.ido.gmu.edu/aahe/Welcome.html
<Above is URL for AAHE TLTR World Wide Web Site>

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