Web Seminars Contributed by EDUCAUSE, Intellectual Property, and Presentations/Speeches

Copyright continues to be a core interest of the higher education and academic library communities. This briefing will focus on eight critical legislative and legal arenas where the United States will be working on copyright: orphan works, digital fair use, broadcast flag, Section 1201 anti-circumvention rulemaking, electronic reserves, peer-to-peer file sharing, open access to government-funded research, and the report of the Section 108 Study Group on exceptions and limitations for libraries and archives. The work of the study group will be highlighted, including its primary findings and recommendations. In addition, two important recent studies will be described and their importance for libraries will be cited. The advocacy and educational roles and responsibilities of librarians on copyright also will be outlined.

The copyright legislative process in Washington traditionally focuses on increasing the protection provided to copyrights, based on the assumption that this will strengthen the economy. Recent research, however, indicates that exceptions to copyright protection also promote innovation and are a major catalyst of U.S. economic growth. Specific exceptions to copyright protection under U.S. and international law, generally classified under the broad heading of fair use, are vital to many industries and stimulate growth across the economy. In fact, business enterprises that benefit from fair use generate substantial revenue, employ millions of workers, and, in 2006, represented one-sixth of total U.S. gross domestic product. This economic research suggests that future copyright legislation needs to account for these important limitations if the policy-making process is to stimulate growth.

This seminar will discuss how intellectual property law and communications policy affect competition, innovation, creativity, and free speech. Gigi B. Sohn will discuss current policy debates before Congress, the Federal Communications Commission, and the U.S. Copyright Office that could impact these values and the higher education community.

The discovery of major security, privacy, and consumer protection issues in digital rights management software loaded onto millions of Sony BMG compact discs outraged consumers and prompted no less than 20 separate lawsuits against Sony BMG. Although a recent settlement has begun the process of addressing those issues, the debacle has called attention to the legal and practical risks of DRM software—for content providers as well as consumers. McSherry, one of a team of lawyers that sued Sony BMG on behalf of a nationwide class of consumers and helped negotiate the settlement, will discuss the legal framework for DRM, how Sony ran afoul of that framework, the settlement, and the future of DRM. Is it possible to design DRM that does not limit fair use, create security risks, or invade music fans' privacy? Is DRM even necessary?