>> 2000 Town Meetings >> New York City The Tug of War between Faculty, University, and Publisher for Rights to the Products of Contemporary Education Saturday, February 26, 2000 College Art Association Conference New York, NY Agenda Speakers' Biographical Sketches Meeting Report Local Town Meeting Site AGENDA Welcome Robert Baron, Independent Scholar Overview of Town Meetings Series David Green, NINCH Overview: BEEN THERE DONE THAT! The State of the Question Regarding Copyright, Fair Use and Intellectual Property in the Arts Christine Sundt, Professor & Visual Resources Curator, University of Oregon Over the past two years, the Town Meeting forum has provided an excellent venue for hearing concerns and questions from colleagues on many aspects of copyright and fair use in the arts. Additional dialog has appeared frequently on discussion lists, most notably on CNI-COPYRIGHT, VRA-L, and CAAH (Consortium of Art & Architectural Historians). During this time, we have seen certain issues appear, disappear and sometimes re-reappear, often introduced by someone who has just joined the discussion but for whom the issue has immediate consequences. Given the limited time we have at this meeting, I will attempt to summarize the issues that have already been visited and discussed and suggest where information or direction may be found. As you may suspect, for many of the questions, answers are still evolving. My purpose is to highlight where we are and where we have been concerning questions of copyright, fair use, and intellectual property rights in teaching, research, and scholarship in the arts. With this background, we should be prepared to venture into new territories without retreating too much to areas already explored and mapped, thus allowing us to use our time here to the fullest potential. The Issues Sanford Thatcher, Director, Pennsylvania State University Press Penn State University has been engaged in a concerted effort to revise its intellectual property policies and procedures since a task force was set up in December 1998. Mr. Thatcher, who has been one of the chief co-authors of the report that is now nearing final draft form, will speak about the issues of ownership that came up during this process and resulted in a proposed new policy on "Copyright of Technology-Based Instructional Materials (Courseware)." Key reference points for this policy were the statements of the Association of American Universities and the American Association of University Professors as well as the summary of a meeting on this issue held in September 1999 under the auspices of the Committee on Institutional Cooperation (see Resources below). The Penn State report also includes chapters on "Conflict of Commitment and Conflict of Interest" and "Class Notes," the latter of which Mr. Thatcher drafted. Rodney Petersen, Director of Policy and Planning in the Office of Information Technology, University of Maryland Mr. Petersen will discuss the interests of both faculty members and higher education institutions in owning, controlling, and managing electronic course materials developed by academics. He will also share the results of his research that examines the copyright ownership policies of research universities. Jane Ginsburg, Morton L. Janklow Professor of Literary and Artistic Property Law Columbia University Law School Recent educational entrepreneurship has given rise to two contentious issues concerning faculty ownership of their lectures. Both test whether, and to what extent, professors have the right to control the dissemination of their classroom performances. Unauthorized note-taking services pose one challenge; professorial moonlighting for distance education enterprises present the other. In both cases, the Internet has vastly increased the economic (as well as pedagogic) potential of these ventures. The Internet has also significanly aggravated pre-existing tensions regarding the propriety and legality of these practices. As a matter of copyright law, do professors own their lectures? Or do their university employers? Who may profit from these ventures? Who, if anyone, can prevent them? RESOURCES Gail S. Chambers, "Toward Shared Control of Distance Education," The Chronicle of Higher Education, Nov. 19, 1999, pp. B8-9. Jacques Steinberg with Edward Wyatt. "Boola, Boola: E-Commerce Comes to the Quad," The New York Times (Week in Review), Feb. 13, 2000   Web Resources Committee on Institutional Cooperation (CIC):"Who Owns the Rights to Instructional Materials?: Rethinking Intellectual Property at the University." CopyOwn: A Resource on Copyright Ownership for the Higher Education Community [http://www.umd.edu/copyown] Consortium for Educational Technology in University Systems (CETUS) Fair Use of Copyrighted Works: A Crucial Element in Educating America This home page contains the electronic version of Fair Use of Copyrighted Works, a pamphlet published by CETUS. It was put together by the Working Group on Ownership, Legal Rights of Use and Fair Use of the CSU-SUNY-CUNY Joint Committee. It also contains links to fair-use guidelines and other resources that are intended to promote a fuller understanding and appreciation of copyright laws. "Ownership of New Works at the University: Unbundling of Rights and the Pursuit of Higher Learning" American Association of University Professors Statements on Distance Education and Copyright Association of American Universities Report on "Intellectual Property and New Media Technologies: A Framework for Policy Development" University sites with valuable information on ownership and use of copyrighted material are: University of California: University-wide Task Force on Copyright Reports University of Chicago: Statement on New Information Technologies and Intellectual Property at the University Indiana University: Copyright Management Center University of Kansas: Intellectual Property Policy University of Texas: Who Owns What? Stanford University: Copyright & Fair Use