Appendix 5: LRTS and Copyright
Among the many missions of a university, none is more important than the development
and exchange of ideas, information and discoveries. Daily, members of a university
community interact with other individuals or groups, with printed books, journals,
handouts, and manuscripts, with audio and video resources, and with digitally
stored and transmitted resources. This appendix discusses the rationale for
policies with regard to intellectual property rights and applicable state and
federal laws, compliance issues and establishing ownership.
The widespread adoption of information and other technologies on campus should
increase the amount of scholarly and creative achievements that members of
the university will want to distribute to others and to patent. Likewise increase
access to information and communications technology should increase the use
by members of the university community of intellectual property produced by
others. The absence of any university or MnSCU system policies with regard
to intellectual property rights and applicable state and federal laws could
have the following potential negative outcomes.
- The University or members of
the university can be exposed to prosecution by failing to monitor and assure
that the use of copyrighted materials on campus
comply with "Fair Use" guidelines.
- The University's failure to
secure available and appropriate protection can discourage dissemination
of locally produced scholarly or creative achievement
or patentable inventions or other intellectual property.
- The University's
failure to protect the respective interests of all members of the university
community by not ensuring that the benefits of locally produced
creations or inventions are retained by the author/creator (or the property
owner, e.g., the University or contractor, as circumstances may justify or
For these reasons, the University needs to establish an office to
deal with myriad copyright and licensing issues. The personnel in this office
two primary duties: to monitor compliance with copyright and license agreements
and to establish ownership of locally produced intellectual property.
first and most visible issue that needs to be addressed is copyright compliance
within the University.
Learning Resources and Technology Services currently monitors Fair Use
Guidelines for interlibrary borrowing, publishes copyright warnings on
appropriate copyright permission to "reformat" film materials to
video and makes every effort to monitor and comply with subscription license
agreements for digital resources (accessible either via CD-ROM or Internet).
University Printing Services, similar to Kinko's and other duplication/printing
services, requires faculty to demonstrate copyright permission before publishing
compilations of course readings.
Both copyright law and license agreements,
even under Fair Use Guidelines (17 U.S.C. §107), impose restrictions
on both access to and dissemination of electronic information resources as
well as interlibrary "lending" of
such resources in either print or electronic form. A central clearinghouse
to facilitate the process will assure that faculty and students have access
to the same information and instructional resources independent of their point
of access. This is particularly important if the number of "remote" students
increase, that is, students who do not come to the campus for coursework. The
increasing need to maintain compliance while assuring both access and fair
use, in both paper and digital formats, requires an office or individual to
Copyright and license agreements will have the greatest impact upon SCSU's
ability to fulfill the information requirements and expectations of the central
Minnesota community. Given the ease with which copyright and applicable state
and federal laws and international conventions and treaties can be violated,
the educational mission of the copyright office is particularly important.
Monitoring all use of intellectual property owned by others is an enormous
task -- a task that requires users to take some responsibility to follow
the applicable state and federal laws and international conventions and treaties.
The copyright office should be accessible and of assistance to individuals
who wanted to use or alter protected materials.
- educate users (faculty, staff, and students) about and communicate applicable
rights under copyright and affiliated laws, especially the
Fair Use Guidelines
- determine the identity of the copyright owner
- obtain or purchase copyright
or license permission to reformat (e.g., convert analog video tapes
to digital video storage or paper text from serials or
monographs to digital text) or "repurpose" (e.g., integrate a digital
audio or video text beyond the copyright maximum into an electronic course,
or publication to be "broadcast" electronically)
- obtain or purchase
copyright or license permission to republish articles, sections of
books, or segments of audio or video recordings as part of a course
readings "packet" or "electronic reserve" component
of a digital syllabus
- obtain or purchase copyright or license permission to
use graphic images, video clips, or audio clips in course materials
or University publications
- assure copyright and license compliance for access to and dissemination
library" subscriptions resources (also requiring a proxy server
and/or X.509 digital certificates)
- assure copyright, trademark, and license compliance
for digital resources disseminated using University resources.
- The second issue, of no less
importance than the first (and in many minds
more important), is that of establishing "ownership" for scholarly
or creative works or inventions and instructional materials and course content.
One of the potential outcomes of this information technology plan is more
locally produced quality materials that should be distributed to others.
It is imperative that the university community be able to enjoy benefits
that these products could bring. As a public institution, the University
has a responsibility to share the work done at the University for the betterment
of the general community the University serves. A copyright office could
clear the potential hurdles authors/creators encounter when they want to
disseminate their work while retaining control over it.
The copyright office needs to
- propose policies for copyright and or patent
ownership for locally created resources (either electronic,
print, or other media) for faculty, staff,
administrator, unit or institution
- propose policies and or model
contracts that protect the author/creator and the publisher/contractor
while, when appropriate, retaining access
and or dissemination
rights by the University and its immediate constituents
licenses to allow individuals or groups to access locally created
resources (e.g., course content or information resources)
and when and where
necessary establish confidentiality agreements
with potential external partners on projects that will result in a
- propose policies
and or model contracts recognizing University claims
to any invention, design or development made by a member of the university
using significant university funds, support or technical
resources, which do not inhibit faculty or staff creativity or innovation.
"Ownership" of scholarly or creative works or inventions developed
as part of the "workload" is a broad and sensitive
policy issue that needs to be negotiated between creators
(faculty and staff) or their agents
(respective unions) and institutions (the University and
or MnSCU). Historically, faculty in universities have owned
the copyright to their instructional materials,
but recently in some universities in the U.S. the tendency
seems to be to place a major proportion of "ownership," including
of the design and content of course curriculum and instructional
materials, in the hands of university
or system administration. One impetus for recommending
a university office be responsible for intellectual property
rights is to propose and implement
policies on "ownership" that would delineate
what rights accrue to whom for what and how long. For some
means that potential benefits to the University, students
and even to creators of scholarly or creative works or
inventions are lost.
of policy means that all rights belong to the author/creator.