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Copyright, Fair Use, and the Challenge for Universities

Promoting the Progress of Higher Education

The recent lawsuit against Kinko’s Copies for copyright infringement has exposed the confusion and heightened the fear of liability surrounding copyright issues in colleges and universities. This volume offers an enlightening explanation of copyright and the ambiguous concept of fair use as they affect and are affected by higher education.

In the first large-scale study of its kind, Kenneth D. Crews surveys the copyright policies of ninety-eight American research universities. His analysis reveals a variety of ways in which universities have responded to—and how they could better manage—the conflicting goals of copyright policies: avoiding infringements while promoting lawful uses that serve teaching and research. He explains in detail the background of copyright law and congressional guidelines affecting familiar uses of photocopies, videotapes, software, and reserve rooms. Crews concludes that most universities are overly conservative in their interpretation of copyright and often neglect their own interests, adding unnecessary costs and obstacles to the lawful dissemination of information.

Copyright, Fair Use, and the Challenge for Universities provides administrators, instructors, lawyers, librarians, and educational leaders a much-needed exegesis of copyright and how it can better serve higher education.

262 pages | 11 tables | 6 x 9 | © 1993

Education: Education--Economics, Law, Politics, Higher Education

Law and Legal Studies: General Legal Studies

Table of Contents

1. Copyright at American Universities: Conflict and Perspective
Policies as a Balance of Competing Objectives
The Significance of Copyright at Research Universities
Copyright as a Control on Institutional Objectives
Diverse Constituents within the University
Historical Perspective on University Control
2. Copyright and Universities: The Law and the Foundation of Policies
The Rights of Owners and Users
The Foundation of Policies: The Meaning of Fair Use
The Foundation of Policies: The Meaning of Library Copying
3. The Fountainhead of University Policies: Litigation from NYU to Kinko’s Copies
President Ford and J. D. Salinger
The New York University Case
The Wisconsin Reaction
The American Library Association Model Policy
Comparing the Two Model Policies
Kinko’s and the Failure of Model Policies
4. University Policies in Force: Motivations and Responsibilities
Identifying "Research Universities"
Obtaining the Policies
Scope of Issues in Copyright Policies
Scope of a Policy’s Application within the University
Identity of Principal Policymakers
Dates of Policy Development
Stated Purposes of the Policies
Universities without Written Policies
5. The Power of Congressional Guidelines: Photocopies, Videotapes, and Music
Law and Policies for Photocopying
Policy Content and Policymakers
Congressional Guidelines Revisited: Videotapes and Music
Video and Music Issues in University Policies
6. Congress as a Policy Source: Library Copying and Reserve Rooms
Law and Policies for Reserve Rooms
Policy Content and Policymakers
Blanket Licenses for Reserve Operations
Library Copying and Section 108
Library Copying and Policy Standards
Overview of Interlibrary Lending
Summing Up the Library Policies
7. The Weakness of Innovation: New Technology and the Lack of Policy Direction
The Growth of Software and the Uncertainty of the Law
Original Policy-Making and the Search for Legal Meaning
The Trend toward Restrictions
Software Policies in Force
8. Building for the Future and Lessons from the Past: Taking Control of University Governance
The Current Framework for University Copyright Policy Development
The Need for Strategic Planning: The Role of the University
Swapping Systems: The Copyright Clearance Center and Collective Administration
Reshaping the Environment: The Role of Professional Associations and Congress
Appendix A: Policies Obtained from the Universities
Appendix B: Model Copyright Policies
Classroom Guidelines
ALA Model Policy
Music Guidelines
Off-Air Guidelines
EDUCOM Brochure (1992 edition)
1986 ALA Model Policy
Appendix C: Surveys of Universities and the Travails of Obtaining Their Policies

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