With the maturation of the internet more and more colleges and universities are offering online courses. As these courses enter the mainstream, public policy issues are beginning to emerge. Many of these involve the tension between the "work for hire" doctrine and academic freedom that occurs when educational institutions offer these…

Implications of the 1985 Supreme Court ruling in Harper & Row v Nation Enterprises, dealing with copyright protection in unpublished material include: ownership of copyrighted works prepared by faculty or students, infringement through performance or classroom use of copyrighted works, and application of fair use to classroom and scholarly…

Although the 1976 copyright law provides teachers with specific rights and defenses concerning classroom use of copyrighted materials, litigation by publishers has affected college policies. Teachers should be educated concerning assertion of their rights, which will be lost if they are not used. Also, greater protection should be assured by…

An attorney provides answers to frequently asked questions about the application of copyright law to the work of institutional research, including hard copy and electronic publishing, and its dissemination. Institutional researchers are treated as workers for hire, and the employer or institution is deemed the author and copyright holder;…

The argument that universities have the right to exploit faculty work products as "works made for hire" is examined in light of recent Supreme Court cases on copyright law and the First Amendment. It is concluded that, despite the seemingly broad sweep of the work for hire provision, this provision of the Copyright Law cannot be…

Copyright issues are discussed in the context of expanding use of digital media for publication and dissemination of information. Issues reviewed include conflict of academic values and copyright, the challenge of copyright protection for digital works, and the applicable law. Several scenarios illustrate specific legal problems. (MSE)

Discusses provisions of interest to college administrators and faculty in the 1998 Digital Millennium Copyright Act, focusing on two sections: limitations on infringement liability for "service providers," and prohibitions on circumvention of technological-protection measures. Definitions and legal implications are examined, and actions…

While college libraries embrace new technologies to provide access to a broader range of information, they must also cope with high costs, both financial and legal. In the print medium, access and distribution are governed by copyright laws; in the electronic media, they are dependent on the technology available to the library and on terms of…

As distance learning expands, so do copyright issues. Law provides little guidance on how use of distance learning materials may violate copyright laws. A year after a White House task force called for redefinition of intellectual property rights, no legislation has been filed to clarify the widely ranging issues. Several New England states have…

Instances in which federal patent or copyright law may be too rigid or limited to protect university research are discussed, and the applicability of trade-secrets law is assessed, particularly under the Freedom of Information Act. Differential treatment of trade secrets under state laws is considered. (MSE)

Provisions and interpretations of federal copyright law directly relevant to photocopying for classroom or library reserve use and related issues are examined, along with a case study of use of scientific articles in a college classroom, approaches to the issue of multiple copying, and fair use. (MSE)

Discussion of scientific misconduct, particularly plagiarism, explores the legal issues and compares the processes by which the Office of Research Integrity and the National Science Foundation conduct investigations and evaluate misconduct allegations. Relationships between allegations of plagiarism, copyright infringement, and theft of…

Twelve recommendations for streamlining the transition to new educational technologies in higher education address asking fundamental questions, building a vision, adjusting to permanent change, exercising judgment and trust, rejecting dichotomies, understanding intellectual property and fair use, developing guidelines and policies, preparing for…

The pamphlet discusses how colleges and universities can protect themselves and their employees from liability for copyright infringement, and proposes some guidelines to keep most uses of copyrighted material within the law. The principles underlying the Copyright Act of 1976 are explained, including the four-factor test to determine whether a…

Legal problems surround college administrators; those who fail to take precautions may encounter situations that result in legal or other administrative actions. Issues discussed include: hiring and firing; unfair treatment by administrators or colleagues; running afoul of state law or institutional policy; providing materials for defense against…