This document has been prepared by the Association of American Publishers, the Association of American Universities, the Association of American University Presses, and the Association of Research Libraries; and has been endorsed by the American Council on Education and the Authors Guild.

It is intended for the following purposes:

• to present a basic explanation of copyright law with an emphasis on its application to colleges and universities;

• to provide a discussion of current copyright issues in the higher education setting that reflects the concerns and points of view of colleges and universities and the publishing community with which these institutions regularly interact and collaborate;

• to encourage colleges and universities to review their institutional policies on the use and management of copyrighted works in light of the continuing evolution of digital technologies and the numerous revisions to copyright and related laws generated in part by that evolution; and

• to provide information to colleges and universities concerning the development of educational materials for their students, faculty, and staff that provide guidance on the creation, use, and management of copyrighted works in this shifting legal and societal landscape.

Copyright law protects the author’s original expression in creative works such as writings, music, movies, art, and images. Copyright law should not be confused with trademark law, which protects symbols and other designations of the origin of a product or service, or with patent law, which protects inventions. Although all three are referred to generally as “intellectual property law,” the subject matter and nature of protection in each are very different.

Why would universities and colleges find this document useful?

• Creation and use of copyrighted works lie at the heart of the educational and research activities of institutions of higher learning. Colleges and universities create and use hundreds of copyrighted works every day.

• Although the underlying principles of copyright have not substantially changed, the legal landscape has changed considerably as a result of a number of statutory amendments and court decisions.

• Developments in digital technologies have produced new ways to create and use copyrighted works, enhancing their availability and utility, while simultaneously increasing the potential risks of infringement to copyright owners.

• As more copyrighted works are made available in digital formats, efforts are increasingly being made to control access and use by contractual licenses, rather than sale of a copy.

• Because educational institutions have become operators of digital networks, they should understand laws that can limit the risk of institutional liability for copyright infringement by faculty, students, and other network users, conditioned on certain institutional policies and actions.

This document is not intended to provide legal advice or serve as a substitute for consultation with competent legal counsel on matters regarding the development and implementation of institutional policies or compliance with copyright law.

Every institution appropriately will have its own approach to the formulation of institutional policy and the development of educational material. This document should not be read to suggest that any one policy or set of materials is appropriate for all institutions. Institutions have great flexibility to shape copyright policies and develop materials to meet their own needs.

Similarly, copyright owners are likely to have their own views regarding uses of their copyrighted content in particular circumstances.

Download Campus Copyright Rights and Responsibilities: A Basic Guide to Policy Considerations

PDF format, 829KB, 36Pages. Provided by The American Association of Universitie.

CONCLUSION

The groups that produced this document have sought to describe their common understanding of the basic aspects of copyright law and its application to academic practice. They do not agree on all issues and have tried in those cases to convey the differing perspectives that institutions might take into consideration in developing or refining their own policies.

Inevitably, disagreements will arise concerning the use of copyrighted works, but if institutions make concerted efforts to incorporate the principles of copyright law into their campus policies, and affirmatively educate their faculty, students, and staff about copyright rights and responsibilities as defined by those policies, such disagreements will likely be minimized and can be resolved through goodfaith discussions.

We hope that this document will assist institutions in such efforts to develop or refine their copyright policies.

About AAU:

The Association of American Universities (AAU) was founded in 1900 by a group of fourteen universities offering the Ph.D. degree. AAU currently consists of 60 American universities and two Canadian universities.

The association serves its members in two major ways. It assists members in developing national policy positions on issues that relate to academic research and graduate and professional education. It also provides them with a forum for discussing a broad range of other institutional issues, such as undergraduate education.

Structure and Operation

AAU holds two membership meetings annually. A fall meeting is conducted on a member campus; a spring meeting is held in Washington, D.C.

Member institutions are represented in AAU by their chief executive officer. The Executive Committee is charged with the general oversight and functioning of the association.

In addition to the Executive Committee, the association has a standing Membership Committee. Ad hoc committees of presidents and chancellors and their staffs are formed as needed.

Membership in the association is by invitation. The invitation of new members, which requires the assent of three-fourths of current members, is considered periodically.

Operation of the AAU Washington office and some of the general costs of AAU meetings are financed by dues paid by the member institutions.

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