Copyright Information

Final Report and Recommendations

Origins of this policy.

In the Spring of 1999 the UMD Library Copyright Advisory Team submitted to Director Bill Sozansky a list of copyright-related questions and issues for consideration at the Campus level. In October of that year, the list was presented to the EPC Subcommittee on Information Technology and the Library. On the recommendation of SITL, an ad hoc campus-wide committee was formed to write a copyright policy for the Campus. This team was comprised of Steve Chilton, Political Science faculty; Library staff Mary Carlson, Anne Hovde, and Adele Krusz; Ruth Vittorio, Copyright Permissions Office staff; and Bruce Reeves from Information Technology Systems and Services. Al Roline, Accounting faculty, participated in the early part of the process

Present state of copyright information at UMD and U of M.

The University of Minnesota lacks a comprehensive copyright policy. Faculty and staff may seek help through the Printing Services offices on the Twin Cities and Duluth Campuses, but there are no guidelines to help an individual to make a decision on whether they may use a piece of material in their teaching or research. The Office of the General Counsel offers information on intellectual property created by employees and on protecting the University of Minnesota's copyrights. The Twin Cities and UMD Copyright Permissions Centers secure permission for copyrighted materials used for instructional and other academic purposes.

Other questions abound: the rights of faculty and staff as copyright owners, the responsibility to protect the rights of students in classroom situations and speakers who are invited to present on Campus. The presentation of videos in Distance Education presents additional complications, as does the off-air taping and presentation of broadcast programs in the classroom.

There is no one office or web site where the UMD community can find resources to answer many of these questions. It is not convenient or feasible to expect UMD personnel to consult the Office of the General Counsel on all instances where there is a question of Fair Use, and it is important that faculty not depend on word of mouth or hearsay to make their own decisions.

What should be the state of Copyright on this Campus?

We feel that copyright information, policies, and guidelines should be more visible, both to prevent infringement and to help faculty and staff in making Fair Use decisions. There should be resources and personnel available on the UMD Campus who can assist faculty in these areas. Students should be given information on their rights and responsibilities as copyright owners and as users of others copyrighted works.

Recommendations:

We recommend that administrators and staff who are involved in licensing negotiations where Fair Use of materials and information may be an issue be aware of the rights of the campus community to use published materials in a manner in keeping with the spirit of the copyright law and protecting fair use rights (including licensing of library databases).

We recommend that the Campus establish an office or Campus-wide committee to whom faculty and staff can address copyright questions or concerns on a regular basis. Ideally this office or committee should include personnel with a legal background in copyright.

We recommend that the Campus establish an educational program regarding copyright. This may consist of a regularly-updated web site on Copyright and Fair Use and regular programs each year on various copyright issues.

We recommend that Campus Administration, or a duly established body, work with the Student Assembly to provide copyright information to students.

We recommend that all UMD departments post appropriate copyright information and signage on photocopiers (url for more information)

We recommend that each department review and track any license agreements for software or databases. (Software licensing)

We recommend that UMD personnel document and retain records on decisions relating to copyright and Fair Use.

We recommend that non-faculty staff be assured of indemnification as represented in the draft policy.

The next step.

The ad hoc committee is now ready to hand this issue to SITL for further action. It is our fervent hope that this policy and the accompanying recommendations will be approved by you and passed to the EPC, the Campus Assembly, and, we would hope, Campus Administration for consideration and ultimate approval.

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