News from Center for Intellectual Property

[Center for Intellectual Property <cip@xxxxxxxx>]

News & Notes  Newsletter of the CIP

Autumn 2006
in this issue

:: Georgia Harper Appointed New IP Scholar
:: Inaugural CIP Newsletter
:: The Broadcast Flag and Online Education
:: Executive Director's Corner
:: New IP Handbook Released by the CIP
:: IP in Academia Online Workshops, '06-'07
:: 2006 Symposium CD
:: Save the Date!




~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Georgia Harper Appointed New IP Scholar

An Interview
The CIP is very pleased and excited to announce the
appointment of Georgia K. Harper as the CIP
Intellectual Property Scholar for 2006-2008. (About the IP Scholar
Program
(http://rs6.net/tn.jsp?t=it46rxbab.0.wlxkl9bab.ddu9ywbab.1764&ts=S0209&p=http
%3A%2F%2Fwww.umuc.edu%2Fdistance%2Fodell%2Fcip%2Fip_scholar_about.shtml).)Geo
rgia K. Harper is the Scholarly Communications
Advisor for the University of Texas at Austin
Libraries, where she focuses on issues of digital
access. She was Senior Attorney and manager of the
Intellectual Property Section of the Office of General
Counsel for the University of Texas System until
August 2006, where she specialized in copyright law.



While with the Office of General Counsel, she created
the noted online publication, The Copyright Crash
Course
(http://rs6.net/tn.jsp?t=it46rxbab.0.zlxkl9bab.ddu9ywbab.1764&ts=S0209&p=http
%3A%2F%2Fwww.utsystem.edu%2Fogc%2Fintellectualproperty%2Fcprtindx.htm%23top),
that provides guidance to University
faculty, students and staff concerning a wide range
of copyright issues and is freely accessible to all
universities and colleges.



She has conducted local, state, regional and national
workshops and seminars on copyright issues and has
been an advisor to the Council on Library and
Information Resources, the Association of Research
Libraries, the Association of American Universities,
the National Association of State Universities and
Land Grant Colleges and the American Council on
Education, as well as the National Initiative for a
Networked Cultural Heritage in connection with its
Copyright and Fair Use Town Meetings. She was
named a fellow of the National Association of College
and University Attorneys in June 2001.



Ms. Harper graduated with High Honors from the
University of Texas at Austin with a B.S. in Education
and with Honors from the University of Texas at
Austin's Law School with a J.D. degree. She is
currently pursuing a third degree from the University
of Texas at Austin, this time in Information Science.CIP Executive Director
Kimberly Bonner spoke
recently with Harper.

Listen to the Podcast... -
http://rs6.net/tn.jsp?t=it46rxbab.0.8lxkl9bab.ddu9ywbab.1764&ts=S0209&p=http%
3A%2F%2Fwww.umuc.edu%2Fcip%2Fnewsletter%2F2006_11%2FHarperBonnerInterview0906
.mp3

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Inaugural CIP Newsletter

by Kimberly B. Kelley

Welcome to the inaugural issue of this newsletter
from the Center for Intellectual Property.



The purpose of this publication is to provide you with
an update on CIP activities, programs, and resources.



In this inaugural issue, I thought it important to
mention the implications of the broadcast flag
legislation being considered by Congress which would
present a new level of control and a tremendous
burden upon higher education.  Please see The
Broadcast Flag and Online
Education in this issue for details; I encourage
you to become informed and to take action.



In future issues of the newsletter, we also hope to
include a host of other items and features, including
articles, interviews, and commentary that can be
more appropriately addressed at length in this format
than in the brief CIP Announcements listserv.



Thank you for being a part of the CIP. We hope
you enjoy this new communication vehicle and that
you will share it with your colleagues and friends.Regards,



Kimberly B. Kelley

Vice Provost and Dean for Academic Resources and
Services



~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The Broadcast Flag and Online Education

Up On The Hill, by Kimberly B. Kelley

A piece of legislation currently pending in Congress
would pose a tremendous challenge, if passed, to
higher education, and notably, distance education.It is important to mention
here the implications of
this legislation, termed the "broadcast flag" because
it would allow the insertion of a digital flag, i.e., a
digital tag, in digitally transmitted broadcast
television programs. The proposed flag legislation
would also require a pre-approval process for digital
devices to re- broadcast television programs. The
broadcast flag legislation seeks to protect digital
content using digital rights management technology
(DRM). When Congress advocates inserting DRM
technology in digital content upon creation, such as
with the broadcast flag legislation, and gives a
governmental body, such as the Federal
Communications Commission (FCC), the right to
decide which devices may be used to re-broadcast
digital television programs, this presents a new level
of control, threatens legal uses of copyrighted
information, and presents a significant burden for
higher education.It is precisely for this reason that UMUC President Dr.
Susan Aldridge has written to U.S. Senators Barbara
Mikulski and Paul Sarbanes concerning the video flag
provision of S.2686, the Communications, Consumers'
Choice, and Broadband Deployment Act (CCCBD) of
2006.  (Read her letter
here
(http://rs6.net/tn.jsp?t=it46rxbab.0.5lxkl9bab.ddu9ywbab.1764&ts=S0209&p=http
%3A%2F%2Fwww.umuc.edu%2Fcip%2Fnewsletter%2F2006_11%2FUMUC_Video_Flag_Response
.pdf).) In her letter, Dr. Aldridge expressed
serious concerns on behalf of institutions, educators,
and students around the world who are engaged in
distance education. The video, or broadcast, flag
provision would have a detrimental effect on such
educational endeavors by restricting or preventing
the re-transmission of content via the Internet.

Read the Full Story -
http://rs6.net/tn.jsp?t=it46rxbab.0.bmxkl9bab.ddu9ywbab.1764&ts=S0209&p=http%
3A%2F%2Fwww.umuc.edu%2Fcip%2Fnewsletter%2F2006_11%2FBFlag_KBKelley_Fall2006_C
IPnewsletter.pdf

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Executive Director's Corner

by Kimberly M. Bonner

Food for ThoughtI had lofty ideas of writing my inaugural column on
some hard-core IP policy subject. Perhaps I would
discuss the problems of broadcast flag legislation or
the Copyright Modernization Act of 2006. Perhaps I
would discuss Ninth Circuit Court Jedge Alex
Kozinski's argument that fair use should be dumped
in favor of awarding damages for derivative uses. Ah,
the choices; oh, the conflict.



Then, to my surprise CIPs Assistant Director, Olga
Francois, e-mailed me a story.  Not any old story like
The Cat in the Hat or The Three Little
Pigs.  Far worse, this story was not fiction, but a
real news story about the cut throat world of...high
priced chefs in upscale trendy restaurants. The
article, in Food and Wine magazine, discusses a
matter that has become all the rage in culinary
circlescopyrighting and/or patenting cuisine.  Are
you gasping for air (or is that just your stomach
growling)?



I know.  I know.  You are saying to me right
now, Clearly, you jest, Kim! No, you cant be
serious. Why thats absurd!  Well, read it and
weep, moan or whatever you do to express grief.  In
my family, we eat under duress, and that may not be
a bad idea, since right now a meal at Busaras is
presently in the public domain. (see: New Era of the Recipe
Burglar
(http://rs6.net/tn.jsp?t=it46rxbab.0.ymxkl9bab.ddu9ywbab.1764&ts=S0209&p=http
%3A%2F%2Fwww.foodandwine.com%2Farticles%2Fnew-era-of-the-recipe-burglar))



According to the article, some influential people are
now talking about changing the copyright law so that
chefs own their recipes the same way composers
own their songs. Under this plan, anyone who
wanted to borrow someone elses recipe would have
to pay a licensing fee.    Chefs are analyzing how to
protect their creations due to controversial copying
by high profile chefs who are not only reproducing
recipes but also the presentation.



Some very creative chefs have already taken
matters into their own hands. Chef Homaro Cantu of
Moto restaurant cooked up a legal disclaimer.  He
placed the following language on a tiny sheet of
edible paper that tastes like cotton candy:
<blockquote>
Confidential Property of and ) H. Cantu.
Patent Pending. No further use or disclosure is
permitted without prior approval of H. Cantu.
</blockquote>
Yes, I know your mind is spinning with the endless
possibilities of copyrighting a recipe as expressed in
food. Will my organs and cells be enjoined
from further use via digestion because I have not
obtained prior approval of the chef/owner?
Eventually, the food will exit the body (in some
fashion).  So, is that an illegal distribution or a
derivative work?  Will the legal creativity never
cease?



Greater minds than mine, no doubt in a law school
classroom, will pick apart the details of this novel
concept. That is not my purpose here.  I simply want
to highlight a story that is symptomatic of the times.
These are times when various sectors of society are
focused on expanding property rights in information
and creative works in order to create wealth and
possibly stifle competition.



But the question must be asked: What are the costs
to society if works and creations generally thought
freely available in the public domain are protected
legally and technologically?  Higher education
certainly must address this issue since the building
blocks of educationideas, facts, concepts and
theoriesmust be accessible in order for quality
teaching, learning and research to flourish.



The Center for Intellectual Property will keep you
apprised of these times and inform you about trends
in the ethical and legal use of creative works and
information.  In coming issues, this Newsletter will
provide legislative updates, scholarly information, and
news you need to know and will update you on the
Centers work and educational programming.



Until the next issue, begin doing a recipe permissions
inventory for your next party. One never knows what
the future holds.



~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

New IP Handbook Released by the CIP

A Reference Tool for Higher Education

As more and more instructional material is delivered
via the Internet and library databases, librarians have
an increasing responsibility to educate patrons,
students, faculty, and staff concerning the the legal
and ethical uses of digital content, both on and off
campus networks.



The Center for Intellectual Property is pleased to
announce the release of The
Center for Intellectual Property Handbook
(Neal-Schuman, 2006).



This comprehensive guidebook offers some guidance
to those who handle digital information, providing and
overview of the policies and legal issues--as well as
some potential solutions to the challenges raised by
the digital information economy.



The volume, edited by Center Executive Director
Kimberly Bonner along with staff of the Center,
contains chapters from such experts as Clifford
Lynch, Kenneth Crews, Laura Gasaway, and Peggy
Hoon.  Topics covered include basic concepts of
copyright law in the digital environment, the impact
of the Technology Education and Copyright
Harmonization (TEACH) Act, copyright ownership in
course materials, electronic resources, fair use and
licensing, the Digital Millennium Copyyright Act
(DMCA), and digital rights management systems
(DRM).


* View the book's Table of Contents (PDF)
 (http://rs6.net/tn.jsp?t=it46rxbab.0.jmxkl9bab.ddu9ywbab.1764&ts=S0209&p=htt
p%3A%2F%2Fwww.umuc.edu%2Fcip%2Fnewsletter%2F2006_11%2FCIP_Handbook_TOC.pdf)
We invite you to take a peek inside The Center
for Intellectual Property Handbook:


* The TEACH Act: Will it
Make a Difference for Colleges and Universities (Ch.
5) (PDF)
(http://rs6.net/tn.jsp?t=it46rxbab.0.kmxkl9bab.ddu9ywbab.1764&ts=S0209&p=http
%3A%2F%2Fwww.umuc.edu%2Fcip%2Fnewsletter%2F2006_11%2FCIP_Handbook_ch5_first.p
df)

* Digital Rights
Management  (DRM) in Higher Education (Ch. 7) (PDF)
 (http://rs6.net/tn.jsp?t=it46rxbab.0.lmxkl9bab.ddu9ywbab.1764&ts=S0209&p=htt
p%3A%2F%2Fwww.umuc.edu%2Fcip%2Fnewsletter%2F2006_11%2FCIP_Handbook_ch7_first.
pdf)

* Copyright Education
Programs (Ch. 8) (PDF)
(http://rs6.net/tn.jsp?t=it46rxbab.0.mmxkl9bab.ddu9ywbab.1764&ts=S0209&p=http
%3A%2F%2Fwww.umuc.edu%2Fcip%2Fnewsletter%2F2006_11%2FCIP_Handbook_ch8_first.p
df)
Learn How You Can Order Your Copy Today... -
http://rs6.net/tn.jsp?t=it46rxbab.0.fmxkl9bab.ddu9ywbab.1764&ts=S0209&p=http%
3A%2F%2Fwww.umuc.edu%2Fcip%2Fresearch.shtml

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

IP in Academia Online Workshops, '06-'07

Professional Development Opportunities

Register today for the
2006-2007 Intellectual Property in Academia
Online Workshops. Don't miss out on the third
program in this popular series of workshops led by
authors and practictioners in the fields of intellectual
property, copyright, librarianship, and technology.

DRM
Technologies
(http://rs6.net/tn.jsp?t=it46rxbab.0.smxkl9bab.ddu9ywbab.1764&ts=S0209&p=http
%3A%2F%2Fwww.umuc.edu%2Fdistance%2Fodell%2Fcip%2Fipa%2Fworkshops.shtml)

(Jan. 22-Feb. 2, 2007)




* Are you interested in learning more about digital
rights management (DRM) technologies?

* Would you like to learn more about the current
state-of-the-art in DRM and its applicability to your
campus and library? 

* Do you have concerns and questions about
personal media, your students and your liability?

* What is the future of DRM?

* What about open standards? Do they offer a
future for the marketplace? 

These and other questions will be reviewed,
discussed and considered in the upcoming workshop



This workshop is moderated by Kimberly
Kelley,
Vice Provost and Dean, Academic Resources and
Services, University of Maryland University College
(UMUC), and by Bill Rosenblatt,
(http://rs6.net/tn.jsp?t=it46rxbab.0.tmxkl9bab.ddu9ywbab.1764&ts=S0209&p=http
%3A%2F%2Fwww.umuc.edu%2Fcip%2Fipa%2Fworkshops.shtml%23drm_tech)  founder of
GiantSteps
Media Technology Strategies and recognized
authority on digital media technologies. He is the
author of Digital Rights Management:
Business and Technology and managing editor of
the Jupitermedia newsletter DRM Watch.
Space is limited.

Don't procrastinate.

Register today to secure your spot and to save.
Registration Info... -
http://rs6.net/tn.jsp?t=it46rxbab.0.nmxkl9bab.ddu9ywbab.1764&ts=S0209&p=http%
3A%2F%2Fwww.umuc.edu%2Fcip%2Fipa%2Findex.shtml

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2006 Symposium CD

Proceedings from the 6th Annual Intellectual Property
Symposium are now available on CD. This three-CD
set includes audio and video from all the general
sessions of the symposium: three days of keynotes
and panel discussions--over nine hours of excellent
content, perfect for class instruction and
professional development.The cost is only $80


Order a set for your library or your personal copy
today!


Contact the CIP for more information.Get More Info & Learn How to Order... -
http://rs6.net/tn.jsp?t=it46rxbab.0.umxkl9bab.ddu9ywbab.1764&ts=S0209&p=http%
3A%2F%2Fwww.umuc.edu%2Fcip%2Farchive%2F2006symposium%2F2006symposium.shtml

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Save the Date!

'07 Symposium

The Seventh Annual Intellectual Property Symposium
will
be


MAY 21-23, 2007

Copyright Utopia:

Alternative Visions,

Methods & Policies



UMUC Inn and Conference Center

Adelphi, MD



Plan now to attend...stay tuned for details

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~



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Center for Intellectual Property

---------------------------------------------
email: cip@xxxxxxxx
phone: 240-582-2803
web: http://www.umuc.edu/cip
---------------------------------------------


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