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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
© 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
© Copyright LicenseLogic, LLC 2008
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
© Copyright LicenseLogic, LLC 2008
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
© Copyright LicenseLogic, LLC 2008
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
© Copyright LicenseLogic, LLC 2008
…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
© Copyright LicenseLogic, LLC 2008
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
© Copyright LicenseLogic, LLC 2008
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
© Copyright LicenseLogic, LLC 2008
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
© Copyright LicenseLogic, LLC 2008
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.
© Copyright LicenseLogic, LLC 2008
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
© Copyright LicenseLogic, LLC 2008
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
© Copyright LicenseLogic, LLC 2008
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
P: (202) 789-4445