ERIC Number: ED374762
Record Type: RIE
Publication Date: 1994-Jun
Reference Count: N/A
A Guide to Copyright Issues in Higher Education. Third Edition.
Hemnes, Thomas M. S.; And Others
This pamphlet discusses how colleges and universities can protect themselves and their employees from liability for copyright infringement. The pamphlet outlines types of works that are copyrightable and notes that certain infringements of copyrights are excused under the doctrine of "fair use." The four factors in determining fair use are discussed, including purpose and character of the use, nature of the copyrighted work, amount and substantiality of the portion used, and effect of use upon the potential market for or value of the copyrighted work. The pamphlet examines the role of the "Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals," which was developed by educational institutions, authors, and publishers. The application of copyright law to particular academic circumstances is then explored, including libraries, online databases and optical videodisks, performances, music, audiovisual works, commercial software, ad hoc anthology, and use of factual information. The pamphlet notes how to obtain copyright permission for published works and penalties for copyright infringement. Appendixes provide texts of the "Agreement on Guidelines" noted above, "Guidelines for Educational Uses of Music," and "Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes." The pamphlet concludes with 47 references to court cases, Congressional reports, books, and articles. (JDD)
Descriptors: Books, Copyrights, Court Litigation, Fair Use (Copyrights), Federal Legislation, Federal Regulation, Guidelines, Higher Education, Legal Responsibility, Music, Periodicals, Programming (Broadcast)
National Association of College and University Attorneys, One Dupont Circle, Suite 620, Washington, DC 20036 ($6.50).
Publication Type: Guides - Non-Classroom
Education Level: N/A
Authoring Institution: National Association of Coll. and Univ. Attorneys, Washington, DC.