Joint Committee of theHigher Education and Entertainment Communities

John C. Vaughn

Executive Vice President

Association of American UniversitiesNovember 8, 2003

Joint Committee of the Higher Education Entertainment and Communities

Higher Education Members Graham Spanier (co-chair), President

The Pennsylvania State University Molly Corbett Broad, President

University of North Carolina John L. Hennessy, President

Stanford University Charles Phelps, Provost

University of Rochester Dorothy K. Robinson, Vice President and

General Counsel

Yale University

Staff

Mark Luker, Vice President

EDUCAUSE Shelley Steinbach, Vice President and

General Counsel, American Council on Education

John Vaughn, Executive Vice-President

Association of American Universities

Entertainment Industry Representatives Cary Sherman (co-chair), President

Recording Industry Association of America Roger Ames, Chairman and CEO

Warner Music Group Matthew T. Gerson, Senior Vice President,

U.S. Public Policy and Government RelationsVivendi Universal Entertainment /Universal Music Group

Sherry Lansing, ChairmanParamount Pictures

Irwin Z. Robinson, Chairman & CEOFamous Music

Jack Valenti, President and CEOMotion Picture Association of America

Staff Fritz Attaway, Executive Vice President Government

Relations and Washington General CounselMotion Picture Association of America

Mitch Glazier, Senior Vice President, Government Relations and Legislative CounselVivendi Universal

Barry Robinson, Senior Counsel for Corporate AffairsRIAA

Jonathan Whitehead, Vice President and Anti-Piracy CounselRIAA

Committee purpose

1. seek ways to reduce the inappropriate use of P2P technology without compromising important academic values and practices, invading privacy, or limiting the legitimate uses of P2P,

2. identify and seek to reduce differences between higher education and the entertainment industry on federal intellectual property legislation.

Education task force Two papers related to P2P and copyrighted

works

A white paper - Background Discussion of Copyright Law and Potential Liability for Students Engaged in P2P File-sharing on University Networks - created for colleges and university administrators on copyright law and potential liability for students engaged in P2P file sharing on university networks (completed and distributed)

A paper providing a range of examples of useful practices for educating students, faculty, and staff about appropriate and inappropriate uses of copyrighted works and P2P technologies (to be completed soon)

Technology task force Two projects

request for information from technology vendors on technologies for network management - Technology Opportunities for Addressing Issues Associated with Peer-to-Peer File Sharing on the University and College Campus → descriptive report on technologies that monitor or manage P2P use,

request for information from legitimate online music delivery services - Opportunities for the Online Distribution of Music, Movies, and other Digital Content on the University and College Campus → descriptive report on services → pilot projects.

Network Management Report

20 responses received from technology companies

Report released at EDUCAUSE conference (November 4-7)

Pilot Projects for Online Music Delivery Services

goal of projects is to explore ways that services can be adapted to the campus environment and displace unauthorized P2P file sharing,

each pilot project will pair a college or university with an online music vendor to carry out a pilot test based on terms they mutually develop.

Pilot Survey

40+ universities invited to participate in pilot project, 16 have responded to date: 14 yes, 1 no, 1 separately engaged

12 online delivery services have responded

Legislative task force

explore current and expected legislation of interest to higher education and the entertainment industry, identify areas of agreement and disagreement, and seek ways of eliminating or narrowing disagreements.

Example: HR 2517, the Piracy Deterrence and Education Act

directs FBI, in consultation with Copyright Office, to develop program to deter copyright infringement over the Internet including “issuing appropriate warnings to individuals engaged in acts of copyright infringement…that they may be subject to criminal prosecution,”

calls for service providers—including universities—to work with law enforcement officials in monitoring and reporting roles explicitly proscribed in the Digital Millennium Copyright Act,

calls for Justice Department to establish “Internet Use Education Program” to educate the public about copyright and Internet transactions involving copyrighted material,

as part of program, Justice directed to “coordinate and consult with the Department of Education on compliance by educational institutions with applicable copyright laws involving Internet use” and similarly coordinate and consult with Department of Commerce on Internet copyright compliance by corporations.

Broader Issues and Concerns

Legal vs. ethical considerations

the public responsibilities of universities

the Sony Betamax case

Copyright Law, academic practices, and evolving public policy