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of the 1985 Supreme Court ruling in Harper & Row v Nation Enterprises, dealing with copyright protection in unpublished material include: ownership of copyrighted works prepared by faculty or students, infringement through performance or classroom use of copyrighted works, and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

Reviews present and proposed states of the copyright law in the field of higher education addressing questions of what is covered, who should be compensated, and how they could be compensated. Concludes there is broader protection for educational materials but narrower leeway for educational users than is commonly realized. (JT)

According to the federal Copyright Remedy Clarification Act of 1990, state colleges and universities can no longer claim Eleventh Amendment immunity against copyright infringement actions. Faculty and administrators must now be especially careful to understand copyright law requirements and limitations, including fair-use defense and remedies…

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;…

Three categories of legal issues generated by computers on campus are examined: copyrights on programs developed by students, faculty, or staff; contracts in purchasing computers and torts concerning wrongful use; and the expectation that schools will respond to legal/ethical issues differently than commercial organizations. Suggestions for…

Looks at the history of fair use of copyright-protected works, from concerns about photocopying to emergence of early guidelines, opposition, and continuing struggles to interpret the Copyright Act of 1976. Argues that no current fair use guidelines have the force of law; indeed, the law is a less complex measure than most guidelines. Recommends a…

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…

The statement of the American Association of University Professors' Special Committee on Distance Education and Intellectual Property addresses the rights and responsibilities of faculty, institutions, and third parties in the current volatile, highly entrepreneurial environment of distance education. A statement on copyrights is included. (MSE)

The American Association of University Professors' report on intellectual property rights summarizes federal copyright law on issues that concern faculty: ownership; commercialization; revenue distribution; works created for colleges and universities; fair use; traditional, electronic, and multimedia materials; Internet/World Wide Web; digital…

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…

The review of court cases decided in 1990 relating to higher education summarizes litigation concerning institutional powers, First Amendment law, search and seizure on campus, tort liability, institutional contracts, immunities, access to records, funding for institutions and students, employment practices, academic and disciplinary decisions,…