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BASIC PRINCIPLES FOR MANAGING INTELLECTUAL PROPERTY IN THE DIGITAL ENVIRONMENT
PRINCIPLE 7
7. Copyright law should uphold the principle that
liability for infringing activity rests with the infringing party
rather than with third parties. Institutions should accept
responsibility for acts undertaken at their behest by individuals but
should not be held liable for the acts of individuals--whether or not
associated with the institution--acting independently. This principle
is an essential underpinning for academic freedom.
The creation and dissemination of knowledge depends
on a community of individuals who develop their own scholarly
investigations and syntheses. Such a community can only be sustained
if the tenets of academic freedom, including freedom of speech and
rejection of prior restraint, are upheld. The educational community
opposes copyright legislation that would make institutions liable for
the acts of individuals acting on their own initiative, or that would
impose prior censorship. Copyright enforcement provisions should
uphold principles of due process in determining whether specific
allegations of infringement are valid. Educational institutions
accept responsibility for establishing policies, carrying out due
process when appropriate, and creating climates in which all those
who use their facilities and resources use copyrighted materials
appropriately.
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