Intellectual Property in Academia 2008-2009

Workshop Descriptions

• Copyright Law and Integrated Access to Digital Course Materials
• The Section 108 Study
• Orphan Works
• Licensing Issues in Higher Education
• Institutional Copyright Policy Development
• College Cheating Trends
• Fair Use and Balance in Copyright: The Best Practices Model

Copyright Law and Integrated Access to Digital Course Materials:

Blackboard/WebCT, Coursepacks, e-Reserves, Licensed Materials, e-Books, Open Access

Dates: October 27-November 7, 2008 (early registration by October 12)
Moderator: Georgia Harper, J.D., Scholarly Communications Advisor, University Libraries, University of Texas at Austin

This workshop will explore how an integrated approach to the various methods our campuses use to provide access to digital educational course materials can facilitate institutional compliance with copyright law.

We’ll start with a high-level discussion of fair use and review the role it plays in enabling access to certain types of materials. Next, we’ll explore our other forms of legal authority to reproduce and distribute others’ works, and learn how all of these sources of authority create an integrated approach to access and use others’ works. For example, most of us have extensive collections of licensed materials, including e-books and journal articles, and we access and use materials made freely available on the Web by their copyright owners. For most of us, however, there will be some gap between what the law and our licenses, both express and implied, authorize, and what our faculty wish to use. Figuring out what’s in that gap and how to narrow it will be a primary objective of our discussions.

Most importantly, these explorations will underscore the fact that creating and operating access systems for digital materials, and the copyright issues involved, are institutional concerns and not just a matter of library services.

Goals for the workshop:

When you have completed the workshop, you will be able to:

1. Identify and understand each of the legal authorizations available to faculty to use others’ materials
   1. Licensed materials
   2. Materials available freely on the web (creative commons and implied licenses)
   3. Orphan works
   4. The role of fair use, the limits on that role, and the importance of knowing your institution’s risk tolerance in order to decide how to apply the fair use test for small, medium and large-scale course materials access operations
   5. TEACH Act
   6. The role of Copyright Clearance Center’s transactional permissioning and campus-wide subscription licensing
2. Identify the features of an integrated approach to digital materials access that promote its acceptance and use among faculty and graduate students
3. Identify the institutional units on your campus that would need to be involved in creating an integrated system for providing digital access to course materials
4. Participate in discussions on your campus of the need and methods for achieving an integrated approach to access digital course materials.

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The Section 108 Study

Dates: November 10-20, 2008 (early registration by October 26)
Moderator: Laura Gasaway, M.L.S., J.D., Associate Dean for Academic Affairs & Professor of Law, University of North Carolina--Chapel Hill School of Law;
[Co-Chair of the Section 108 Study Group]

This workshop focuses on the recent Section 108 Study Group Report and its recommendations on amending Section 108 of the Copyright Act. The digital revolution has changed library practices significantly. It has also changed how publishers and producers of copyrighted works do their work and their business models for future markets. Moreover, there is a blurring of the traditional roles of libraries and archives on one side and publishers and producers on the other.

The Section 108 Study Group (co-chaired by this workshop's moderator) was convened to examine these changes and look at the Section 108 exception, frequently referred to as the library section, with an eye toward whether the act should be amended for the digital age. The group met for more than three years and developed a series of recommendations for statutory change as well as conclusions and discussions of various related issues. The recommendations, conclusions and discussions are in four areas—which track the four modules for this workshop:

1. Eligibility for the Exception;
2. Preservation;
3. Copies for Users; and
4. Miscellaneous Recommendations and Issues.

The Study Group Report was delivered to the Librarian of Congress in March 2008. It is anticipated that recommendations will be taken up by the Register of Copyrights in 2009.

Goals for the workshop:

After this workshop, participants will be able to:

1. Identify and understand the various subsections of the current Section 108 of the Copyright Act
2. Assess the problems with the current statute due to changes brought about by the adoption of digital technologies
3. Critique the Section 108 Study Group recommendations
4. Determine whether and how to support the recommendations
5. Evaluate whether library associations should offer further amendments  

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Orphan Works

Dates: January 19-30, 2009 (early registration by January 4)
Moderator:Gigi Sohn, J.D., President and Co-Founder, Public Knowledge

Are you interested in using historically and culturally significant copyrighted works—books, music, records, films, etc.—whose owners cannot be located? Have you searched for the owners in order to ask permission but have found yourself facing a wall and therefore out of luck to use the work? Join expert attorney and public interest advocate Gigi Sohn to learn more about the need for orphan works legislation, the history and background of these types of copyrighted works, and a discussion of current legislation, with its pros and cons, that aims to resolve the complex issues involved in orphan works.

Goals for the workshop:

1. Increase your understanding of the types, history, and background of orphan works;
2. Gain an appreciation for the need for legislation to govern orphan works in order to serve the public interest and benefit creators of works;
3. Discuss current legislative attempts to fix the problem of orphan works;
4. Consider the opinions in the orphan works debate between proponents and opponents who have FUD—Fear, Uncertainty, and Doubt—surrounding current orphan works legislation;
5. Develop your position on orphan works.

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Licensing Issues in Higher Education

Dates: February 9-20, 2009 (early registration by January 25)
Moderators: Peggy Hoon, J.D., Special Assistant to the Provost for Copyright Administration, North Carolina State University; with special guests Dru Zuretti, M.Ed., Client Relationship and Education Manager, Copyright Clearance Center; & Tim Bowen, M.B.A., Product Manager—Academic Licensing, Copyright Clearance Center

• Do your faculty and students require immediate 24/7 desktop access to your library's electronic journals and databases?
• Do the hundreds of different vendor licenses that accompany these resources leave you mystified and occasionally paralyzed with confusion?
• Are you unsure of your rights and responsibilities, including the meaning and appropriateness of the terms, during license negotiation and interpretation?
• Do you know what terms you are and are not allowed to agree to by your institution?

Welcome to the world of library licensing! Join your colleagues for this online workshop, presented in four modules, in which you will learn the basics of licensing law, ways to manage the many licenses you handle, and desirable and undesirable license terms.

Goals for the workshop:

After this workshop, you will be able to:

1. Apply library licensing principles to identify and develop your own library's licensing objectives
2. Acquire a working knowledge of commonly encountered licensing terms and be able to:
   1. Identify acceptable and unacceptable license terms
   2. Assess risk associated with less optimal license terms
   3. Modify undesirable license terms
3. Develop tools to streamline the licensing process and implement license terms
4. Understand how licensing relates to copyright and fair use

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Institutional Copyright Policy Development

Dates: March 23-April 3, 2009 (early registration by March 8)
Moderator:Steven McDonald, J.D., General Counsel, Rhode Island School of Design

Join attorney Steve McDonald as he helps you explore the often-complex intersection between the worlds of copyright policy and academia. McDonald will discuss and help you evaluate whether an institution needs to develop a copyright policy, as well as how to answer some of the many questions that flow from the process of doing so within the arena of higher education. Who owns the work? And who can do what with the work? Is cyberspace a separate jurisdiction with a different set of rules than the physical world? Does the institution need a new policy and resource, or is a current policy sufficient and applicable—or adaptable—to the technologies, opportunities, and demands of academic life, both online and offline, in the digital era?

A fellow and past member of the Board of Directors of the National Association of College and University Attorneys, McDonald speaks from his nearly 20 years of experience in cyberspace legal issues and has a unique vantage point on copyright issues in the context of artwork due to his role as general counsel at the prestigious Rhode Island School of Design.

Goals for the course:

1. Gain a practical understanding of basic copyright principles as they apply in and to higher education generally.
2. Learn how to evaluate institutional copyright policies and discuss the development and modification of those policies;
3. Understand the policies and technical steps your institution will need to implement in order to take full advantage of the opportunities that copyright law allows.
4. Gain a greater understanding of Internet law and policy.
5. Encourage thought on how copyright policies can serve the educational mission;

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College Cheating Trends

Dates: April 20-May 1, 2009 (early registration by April 5)
Moderator: Tricia Bertram Gallant , Ph.D. Academic Integrity Coordinator, University of California, San Diego

To “cheat” means to deceive, trick, fool, or defraud. So when a student “cheats” in your class, you may experience frustration and anger at having been “duped.” As a result, you may react in ways that punish the duper and prevent yourself from being duped again. Unfortunately, these disciplinary methods may further damage the teaching and learning environment and actually feed the student cheating culture. Fortunately, there are ways to perceive and react to student behaviors in a more positive, productive, and pedagogical fashion. For example, would you act differently if you knew college students simply use the strategies that made them successful high school graduates and college freshmen? What if your students don’t realize that they are cheating? What if they are cheating not to “dupe” the teacher, but to please their parents?

In this workshop, academic integrity practitioner and author Tricia Bertram Gallant will help participants explore student leanings toward cheating—what they do, how often they do it, and why they do it—as well as develop pedagogical and developmental strategies for responding and preventing student behaviors that undermine the teaching and learning environment.

Goals for the course:

1. Review the latest research on student cheating that looks at the prevalence and continuation of cheating from high school through graduate school
2. Consider some of the individual, institutional, and social factors that shape student academic conduct
3. Examine strategies to reduce the opportunities that invite students to choose academic dishonesty over academic honesty
4. Examine approaches to enhance integrity in the classroom and on the campus
5. Explore what methods and approaches might work in different contexts (e.g., large classes, non-major classes) and with different assignments (e.g., essays, examinations)
6. Identify roles that different stakeholders can play in changing normative behaviors from cheating to honesty
7. Evaluate the approaches currently used on participants’ campuses and consider important questions to facilitate strategic organizational change

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Fair Use and Balance in Copyright: The Best Practices Model

Dates: June 1-12, 2009 (early registration by May 17)
Moderator(s):Pat Aufderheide, Ph.D., Professor and Director, Center for Social Media, School of Communication, American University; Peter Jaszi, J.D., Professor and Co-Director, Program on Information Justice and Intellectual Property, Washington College of Law, American University

What rights do new makers and users have to use copyrighted material without permission or payment, and how do they convince their own administrators that they have those rights? How risky is it to use those rights, and how can those risks be mitigated? What’s at stake in exercising and defending fair use and other balancing features of copyright, and how does the balancing concept fit into the evolution and current reality of copyright law and practice?

The two pioneering academics who changed industry practice with best-practices codes for fair use explain both the law and the importance of these new codes as tools for practitioners. They describe how new makers of cultural material are designing and employing best practices codes that help them use the rights they have under law. They explain the historical and legal justifications for the fair use right (including why a defense can be a right!), troubleshoot interpretations and explore with you how this model could work in your community.

Goals for the course:

1. Provide a historical and legal overview of the balancing features of copyright, and their relevance to freedom of information values;
2. Provide a solid understanding of fair use as a flexible and reliable tool for makers, teachers and learners, especially in the higher ed environment;
3. Explain the process of shaping a code of best practices, differentiating this from negotiated guidelines;
4. Explore the range and impact of codes of best practices in fair use;
5. Assess risk and risk management for employing fair use.

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Register Now
Check out our Registration Packages and the online form
for workshop savings or to register for single or multiple workshops.

• Take 3 - $375 (save $225)
• Take 6 - $750 (save $450)
• Take All 7 Certificate - $900 (save $500), plus receive a Certificate in Copyright Leadership & Management (CEUs included)

Participants will receive daily response and feedback from workshop moderators. In addition, each workshop will include live chats with the
workshop moderators and invited guests.