Merit copyrightcompliance ar

A Forum on Copyright Compliance in Education

May 23, 2011

Upcoming Courses

Three courses from LicenseLogic in Grand Rapids, MI, June 28-30

Certified Software Manager

Advanced Software Manager

Software Compliance Audit Workshop

More info:

merit.edu/learning/csm2

[email protected]

© Copyright LicenseLogic, LLC 2008

Copyright Compliance in Higher Education

Copyright Compliance in Higher Education

Presented by Adam Ayer, CSM, ASM, CCRM

President, LicenseLogic, [email protected]

www.licenselogic.com


Compliance in Higher Education

It’s difficult in an educational environment

Basics of the copyright law Most software is protected by the copyright law

Copyright holder has rights, end-user rights dictated typically by license agreement

Penalties for infringement

Awareness – Education – Enforcement Policies

Procedures

Knowing one is compliant means one knows what they have… opportunities typically follow


Know the Law as it Relates to Universities

Copyright law does have some additional “special situations” for Schools and Universities

TEACH Act Teachers can display and perform works such as

movies

Entire Movie in class, but only portions for distance learning

Requirements include the implementation of a copyright policy, and security controls on access and storage

Educational Institutions must carefully adhere to all the applicable requirements if they wish to take advantage of the exemption


Know the Law, continued

Fair Use “Defense”

Four Factor Test

1. The purpose and character of the use

2. The nature of the copyrighted work

3. The amount and substantiality of portion used in relation to the copyrighted work as a whole

4. The effect of the use upon the market for, or value of, the copyrighted work


…Awareness – Education - Enforcement

Spreading knowledge and awareness are the keys to managing licenses and compliance

Know students may understand, but without penalties in place may choose to ignore

Same goes for faculty & staff

There are some exemptions to the copyright law, know those exemptions and prepare accordingly for any “excuses”

Know the end goal, and make sure others know what that end goal is as well


Strategies for Awareness and Education @ a

University

Labs, labs, labs – Great place for awareness and a great place to be aware of the licenses

Not all licenses can go in the lab environment

Awareness strategies in the lab: reaches students and teachers

Posters to webinars to face-to-face

Students and professors

Awareness @ Internal Expos and Conferences

Learning Management System requirements for compliance AND procurement Schools may tire of “cops”, but not savings

Teach how to procure properly


Grants, Departments and Businesses… OH MY!

Grants Their Money!

Educate on saving money Department Heads need reminders

They are busy and licensing is usually the least of their concerns

Businesses and “Partner” projects Lay out the ground rules on licensing

Collaboration situations


Special License Agreements

Don’t think you can’t negotiate Academic pricing and beyond

Take advantage of concurrent licenses, but only if you can via the necessary tools to measure properly

Let the publisher know you will vouch for them if they provide good service

Never start off thinking you are “entitled” because you are a school

Always go for the win-win


Open Source Licensing

Collaboration

“Affordable”

Products vary

Time

Licensing issues?

Open Source may be an option, but be careful. Think like a business and consider time and quality.


Experiment with New Licensing and Licensors

Virtualization in Academia

Lab Licenses

SaaS

Odd licenses – licenses in special environments and needs may special attention

Know thy license and be prepared to write it! Some departments may be buying from small

vendors

Opportunity to work on craft of negotiations

Investigate thoroughly “shared” licenses with other organizations


Overview

Higher Education is a unique beast

Students to Faculty to Culture – Be Prepared

Compliance is not easy, but an ongoing obtainable objective

Collaboration is possible and may be well worth the effort, but draw out the lines and know the concerns

May already get good pricing, but always look ahead

AE Squared – Awareness, Education and Enforcement

Be a RESOURCE and a COP only when necessary


Upcoming Courses/Contact Info

Great courses coming to Grand Rapids (June 28-30) Certified Software Manager

Advanced Software Manager

Software Compliance Audit Workshop

More info: merit.edu/learning/csm2

Adam Ayer

LicenseLogic.com

[email protected]

P: (202) 789-4445

Merit copyrightcompliance ar

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