[Center for Intellectual Property] Newsletter Spring 2010

["Jack Boeve" <noreply@xxxxxxxxxxxxxxxxxx>]

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News & Notes

Newsletter of the CIP 
Spring 2010 

 in this issue

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 :: What is in the FCC's National Broadband Plan for Higher Education?

 :: Executive Director's Corner

 :: Equipping to Lead Change on Campus

 :: 2010 CIP Symposium - Hybrid ): Sustaining Culture in Copyright

 :: Join the Community Conversation

U.S. Capitol illustrationFCC Releases National Broadband Plan:
What's in it for Higher Education?
Up on the Hill with
Kenneth Salomon

The Federal Communications Commission ("FCC") publicly released its
National Broadband Plan on March 16, 2010. Among numerous policy
proposals, the Plan includes several recommendations that directly or
indirectly address broadband and higher education. The Plan (which is
more than 365 pages) is available at http://www.b
roadband.gov/download-plan/.

*****

The National Broadband Plan includes a number of recommendations that
impact higher education, directly or indirectly. These are
recommendations only; the Plan is a report to Congress and does not have
the force of law. Most of the recommendations for higher ed require some
action by Congress or the US Department of Education ("ED"), but a few
would require action by the National Science Foundation ("NSF"), state
accreditation organizations, or state government.

In some ways, the Plan could be read as a "to do" list for ED with regard
to broadband issues. In many respects, the Plan lumps the K-12 and higher
ed communities together - it speaks broadly of "education," and it refers
to "community anchor institutions" without defining that term. We believe
the term "anchor institution," as used in broadband stimulus grant
programs and elsewhere, includes higher education.

The Plan includes an entire chapter (Chapter 11) on Education, which
consists mostly of recommendations for ED or for reforms to the FCC's
E-rate program (which is a K-12 issue more than a higher ed issue.)

Read the rest of the article...

Kenneth SalomonAttorney Kenneth Salomon is a Member of Dow Lohnes and
head of the firm's Government Relations Practice Group. He also serves as
the Chairman of Dow Lohnes Government Strategies LLC. Mr. Salomon's
decades of practice have focused on such areas as communications,
government relations and legislation, intellectual property, mass media,
and post-secondary education.

Margaret
MillerAttorney Margaret Miller joined Dow Lohnes in 1990 and
became a Member of the firm in 1998. She practices in the area of
communications law with a special emphasis on public broadcasting and
related educational telecommunications matters. Ms. Miller represents
non-profit organizations, universities, colleges and educators.

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Equipping to Lead Change on Campus
Three voices speak about the CIP Certification Program 

The digital environment presents many challenges and demands to those who
are responsible for managing and brokering information, in education as
well as in the public and private sectors. Since 1999, the CIP has
provided educational programming to address critical questions
surrounding copyright law and policies and to educate and equip leaders
in educational institutions to handle information legally and ethically.

In Autumn 2009, the CIP launched its new Certificate in Copyright
Leadership in Higher Education program, with the eight-week Foundations
in Copyright Management and Leadership course as the introductory course
for the first level of the certification program. The Spring 2010 course
is now underway. Participants in this first level also take a two-week
elective from among the workshops offered by the CIP. Plans are now
underway to offer second-level advanced course offerings for those who
complete level one. More information on the Certification< /font> program
and the Foundations course, including course objectives, may be found by
visiting: www.cipcommunity.org/certification.

Seventeen individuals from across the U.S. participated in the inaugural
Foundations class. CIP staff member Jack Boeve recently posed a few
questions to three members of the CIP Community who were in the class:
Monica Aebly (Western Washington University); Inga Barnello (Le Moyne
College); and Ellen Duranceau (MIT).

Why did you register for the Foundations Course?

Ellen Duranceau: Having moved into a new role with a deeper focus on
copyright, I had been seeking a course or even a degree program to expand
my knowledge of copyright law, but was struggling to find something
convenient to my tight schedule, and heavier than a quick workshop or
talk, but lighter than investing in a law degree. I was delighted when I
came across the Foundations in Copyright course. I had high hopes that
this course, targeted to individuals in positions like mine and designed
to be fairly in-depth, would deepen my knowledge and inspire me to
explore areas I had not had time to delve into. My expectations were
exceeded on all counts.

Monica Aebly: In the five short years that I have been working in the
university's Copyright Office I have witnessed the steady increase of
online digital course materials and the decline of printed coursepacks.
With today's abundance of digital material, faculty have more choices for
their course content and more questions about acceptable use. Western
recognized this trend and last year moved the Copyright Office from Print
and Copy Services to Academic Technology and User Services (ATUS). This
move has given faculty a one-stop location for coordinating their
copyright and course management needs, such as creating custom
instructional materials. This is a valuable service for our faculty.

To provide faculty with the most up-to-date information, I search for
courses that will keep me current with copyright issues in education.
Previously, I had found only copyright 101 courses or 4-year degree
programs, and nothing in my area. Then a colleague sent me an email about
UMUC's CIP workshops, and after reading the course descriptions on the
website, I knew they were what I had been looking for. The online courses
the CIP offered were in areas I wanted to expand my copyright knowledge
and understanding. Many of the instructors teaching the courses were
people I referred to when I wanted expert advice-Kenneth Crews, Laura
Gasaway, Peggy Hoon, Peter Jaszi, and Georgia Harper to name a few. I
also wanted a degree or certification, and the CIP offered the
Foundations in Copyright Management and Leadership certification course.
After a telephone call to the helpful staff who answered all my
questions, I registered for the Foundations course. Moreover, because the
certification course was online it made it possible for me to participate
since I work full time and needed a course that would fit my schedule,
both at work and at home.

Inga Barnello: Three months before assuming the position as head of
public services for the library and as copyright point person for the
institution, the announcements about the CIP Foundations course had hit
the listservs. CIP ran a buy-one-get-one-free "special." Since
institutions of higher learning love (and need) a bargain, and since
timing is everything in life, institutional professional development
funds were made available to me. Who knew that what can be thought of as
an intimidating subject-intellectual property and copyright law-in this
course, thanks to the faculty, was both a worthwhile endeavor and one
that was fun also. Thank goodness it was, because academic librarians in
charge of learning commons or reserves must know the material presented
in this course. While I have many years' experience as an academic
librarian, copyright knowledge was at a surface level. As a copyright
beginner, I benefited from the clear, careful unfolding of the subject
matter.

Click HERE to read the rest of the interview...

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2010 CIP SymposiumJune 22-24; Washington, DC...Make Your Plans to Be
There!

[IMAGE]Culture flourishes through the creation of new music, videos, and
textual works. This symposium will explore better ways to balance the
needs of cultural innovation with the rights of owners of creative works.
Join scholars and experts to discuss today's copyright concerns.

Featured Keynotes:

  * The Future of Fair Use-Peter Jaszi, Professor of Law, Washington
    College of Law, American University

  * Moral Panics & Copyright Wars-William Patry, Senior Copyright Counsel,
    Google, Inc.

Pre-Symposium Seminars:

  * Copyright 101-Georgia Harper, Scholarly Communications Advisor,
    University of Texas at Austin Libraries

  * Fair Use Trends-Madelyn Wessel, Associate General Counsel, University
    of Virginia

Other Speakers include:

  * Marybeth Peters, United States Register of Copyrights

  * David Green, Vice-President for Public Policy, NBC Universal's
    Washington Government Relations Office

  * Lateef Mtima, Professor of Law & Founder and Director of the
    Institute for Intellectual Property and Social Justice, Howard
    University School of Law

  * Peggy Hoon, Special Assistant to the Provost for Copyright
    Administration, North Carolina State University

  * Steve Worona, Director of Policy and Networking Programs, EDUCAUSE

  * Jim Griffin, Managing Director, OneHouse LLC

  * Rick Chessen, Senior Vice President of Law and Regulatory Policy,
    National Cable & Telecommunications Association (NCTA)

For more information on the agenda, full list of speakers and panelists,
lodging, and the venue, be sure to visit the Symposium site. Save 30%
when you Register TODAY! (Early registration ends May 7.)

View the 2010 Symposium Introduction.

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Come for the CIP Symposium, June 22-24...and stay for the ALA Annual
Conference, June 24-30! Two Programs: One Venue-the Washington, DC,
Convention Center.

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Join the Community Conversation
Meeting Monthly in the Member Community

Among the opportunities provided to full members of the CIP are our
Community Conversations, free, monthly, one-hour sessions with scholars,
practitioners, and CIP staff. Upcoming Conversations include:

  * HEOA Requirements...and Higher Education Responses. Friday, April 30,
    2010, 12 PM ET-Led by Steve Worona

  * Fair Use Trends. May 12, 2010, 1 PM ET-Led by Madelyn Wessel

  * Copyright and Fan Fiction. June 9, 1 PM ET-Led by Rebecca Tushnet 

Past conversations have included: Licensing Updates (led by Dru Zuretti 
Tim Bowen); Copyright Literacy (led by Olga Francois); Google Book Search
(led by Peter Jaszi & Lateef Mtima); P2P Updates on Campus (led by Fred
von Lohmann); Copyright Caselaw Updates (led by Tomas Lipinski); and
Institutional Copyright Policies (led by Steven McDonald).

If you are not a member of the CIP Community, join today so that you can
participate in these Conversations.

If you are a member, then plan to attend these special informal
discussions; log in at the Member Community for more details.

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Executive Director's Corner by Kimberly M. Bonner, J.D.
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The CIP Approach

Every time I sit to consider my column for this newsletter, I am
overwhelmed by the breadth of possible subjects about which I could
write. At times I am tempted to wax on about the Google Book Search
Project, Congressional pressure related to peer-to-peer file sharing on
campus, or litigation such as the Georgia State University lawsuit
related to course materials posted on the Internet or within course
management systems.

The most recent copyright confusion on campus is again tempting me to
have a copyright temper tantrum. The streaming of video to online courses
at UCLA is bringing me back to some subjects I know pretty well-section
110 of the Copyright Act and fair use. The ink spent and the blog
comments posted on this topic are getting to the point of prolific now.
And there is a certain stirring within me (call it the long thought dead
litigator in me) that would like to write at length on what I perceive to
be some of the core problems and issues involved in the UCLA streaming
video situation.

Although the litigator in me would like to start a fight, I am constantly
being reminded of the mission and call of the Center for Intellectual
Property and my job in particular. The great call of the CIP is to be
part of a comprehensive approach that PREVENTS many copyright fiascoes
from ever developing. The mandate and mission of the CIP is to enable
educators, librarians, creators, and students (really, anyone who
benefits from creative works) to make wise choices and thus avoid some
(but certainly not all) copyright quagmires. The CIP does this, in large
part, by providing education and information about balanced solutions for
using creative works to educate, create and learn in the digital
environment.

An example of the "CIP approach" will be the subject of the remainder of
this column. Ken Salomon has written a column for this newsletter on the
recently unveiled National Broadband Plan (available at
http://www.broadband.gov/
download-plan/) and what is in it for the higher education community. I
am going to highlight some elements of the recommendations from the
National Broadband Plan (hereinafter "the Plan") that I think the
education community should track and encourage the implementation thereof.
The Plan simply includes recommendations. Some of those recommendations
may become a reality, but ONLY WITH WIDESPREAD SUPPORT. Many of the
copyright dilemmas faced by universities attempting online education
could be mitigated if some of these recommendations are implemented. In
fact, the present issue of streaming video in courseware (the UCLA issue)
could be solved if some aspects of the Plan's recommendations are taken
seriously.

So, rather than whine about various copyright fights, I am going to
discuss a real viable solution that enables the legal use of creative
works in online education. The Plan contains several recommendations that
can alter copyright related to online education. Specifically, the Plan
recommends revisiting Section 110(2) of the Copyright Act so that the
potential of broadband for online education can actually be realized. NOW
IS THE TIME for parents, students, teachers, faculty, administrators,
librarians, information technologists, course developers, curriculum
specialists-really anybody and everybody interested in advancing online
education-to pay attention to the progress of this Plan's recommendations
and act in the best interest of the educational enterprise.

I will highlight a few aspects of the Plan that I believe are worth your
undivided attention:

11.1 Supporting and Promoting Online Learning

"Recommendation 11.1: The U.S. Dept of Education, with support from the
NIST and FCC, should establish standards to be adopted by the federal
government for locating, sharing and licensing digital content by March
2011.

"Recommendation 11.2: The federal government should increase the supply
of digital content available online that is compatible with the standards
established by the U.S. Department of Education."

Of particular note are the following aspects of Recommendation 11.2-

"Whenever possible, federal investments in digital educational content
should be made available under licenses that permit free access and
derivative commercial use and should be compatible with the standards
defined in Recommendation 11.1.

"The U.S. Department of Education should encourage vendors that sell
paper-based educational materials to sell digital versions or provide
digital rights independent of rights on printed materials; whenever
possible this content should be aligned with the standards defined in
Recommendation 11.1.

"Recommendation 11.4: Congress should consider taking legislative action
to encourage copyright holders to grant educational rights of use,
without prejudicing their rights."

Of particular note are the following aspects of Recommendation 11.4-

"Update TEACH ACT. Congress could consider updating the TEACH ACT to
allow educators and students to use educational content for educational
purposes in distance and online learning environments without prejudicing
the rights of copyright holders.

"New Copyright Notice. Congress could consider directing the Register of
Copyrights to create additional copyright notices to allow copyright
owners to authorize certain educational uses while reserving their other
rights.

"Facilitate Licensing. Congress could consider providing a statutory
framework to facilitate identification of copyright holders and securing
permissions in an efficient and cost effective way while retaining
existing protections for educational uses without exceeding permissible
exceptions and limitations under copyright law.

"Recommendation 11.7: The Department of Education should consider
investments in open licensed and public domain software alongside
traditionally licensed solutions, while taking into account the long term
effects on the marketplace.

"Recommendation 11.9: State education systems should include digital
literacy standards, curricula and assessments in the English Language
Arts and other programs, as well as adopt online digital literacy
programs targeting STEM."

Of particular note are the following aspects of Recommendation 11.9-

"Many U.S. students can handle computer keyboards and wireless devices,
but digital literacy involves more than the ability to use a device.
Students must be able to analyze problems so they can determine what
information is needed to perform an academic or work task; access,
assimilate, organize and analyze information; interpret the information;
conduct research; and effectively communicate their understanding and
interpretation of the information to others. Integrating digital literacy
into existing subject areas such as English Language Arts allows for
these skills to be used and developed in a practical manner, without
taking time away from other subjects by creating stand alone courses.
Students must also understand the ethical responsibilities online and
know how to stay safe while using advanced broadband technologies. To
succeed in the 21st century workplace, students must be digitally
proficient at developing, advancing and applying their own knowledge and
skills within virtually any field or profession."

We encourage members of the CIP and the larger education community to
follow the progress of the Plan and, in particular, participate in the
Congressional discussion of the Plan. As always, the CIP will be a
reliable source of information regarding the Plan's implementation. And
if you are a member of the CIP, we provide tools for you to voice your
support of the Plan (visit the Legislative Alerts and Action Center).

Please...stay tuned.

University of Maryland University College | Center for Intellectual
Property - Largo Academic Center
3501 University Boulevard East | Adelphi | MD | 20783
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