The Fair Use exemption to copyright infringement is a difficult concept for those within the legal community because of its unique "case-by-case" application. Without any red line rules, providing guidance to typical users is even more challenging. This paper reviews several recent cases regarding the application of Fair Use and how the…

This report from the Advisory Commission on Accessible Instructional Materials (AIM) in Postsecondary Education for Students with Disabilities provides Congress with vital recommendations for improving the ability of postsecondary students with disabilities to obtain accessible instructional materials in a timely and cost-effective manner. Over…

This report draws primarily on the results of the recently concluded African Copyright and Access to Knowledge (ACA2K) Project, which investigated copyright and access to learning materials in face-to-face, distance education (DE), and dual-mode tertiary educational institutions in Egypt, Ghana, Kenya, Morocco, Mozambique, Senegal, South Africa,…

Current copyright law was formulated before the digital technology became widely available and well before Web 2.0 changed the way that information is created and shared. J. Patrick McGrail and Ewa McGrail argue that copyright law has failed to keep up with the social and legal changes that have accompanied the technological developments of the…

This book, a resource for educators, uses the theme of media literacy as a lens through which to view and discuss social networking and Web 2.0 environments. There is ongoing and positive research on the participatory culture created by youth who are heavily involved in the new digital technologies, yet schools tend to avoid these mediums for fear…

According to the "work made for hire doctrine" of the Copyright Act, the creators of artistic and literary works are not legally granted ownership of works created in the course of employment; ownership rests with the employer. However, through "de facto" custom and court dicta, academics may enjoy a "teacher exception" that grants them copyright…

Colleges, not surprisingly, aren't thrilled with provisions of the bill that will create "watch lists" of the most expensive institutions. The language could have been a lot worse. Back in 2005, when Republicans were in the majority, Rep. Howard P. (Buck) McKeon of California proposed withholding federal aid from colleges that…

Colleges have deployed various tactics over the years to deter illegal file sharing, usually of commercial music and movies, by their students. This month, the U.S. Department of Education will begin crafting regulations that specify strategies, a prospect that is making some campus officials wonder if plans they have already invested in will pass…

With government funding for most Australian universities below 60% and falling a major strategic emphasis for universities has been on securing other sources of operating revenue, including commercial opportunities and partnerships. The implication of increasing commercial activities such as non-award and tailored professional programmes, contract…

Fair Dealing is the right, within limits, to reproduce a substantial amount of a copyrighted work without permission from, or payment to, the copyright owner. Its purpose is to facilitate creativity and free expression by ensuring reasonable access to existing knowledge while at the same time protecting the interests of copyright owners. It is…

Thus far, there is little statistical evidence to show that new technologies have had an appreciable impact on the amount of learning that takes place in schools throughout the country. In order to find some of the causes of this lack and to point out policy questions in this area, the author surveys several issues in the field of new information…

Reviews copyright legislation; presents guidelines that should be used to determine whether educators' copying procedures or policies are in keeping with the copyright laws. Presents two scenarios wherein teachers are reproducing works for their classes and provides case law citations. (MLF)

This paper is the fourth in a series of yearly efforts to identify the top 10 public-policy issues facing higher education. Each of the issues is discussed in terms of likely developments in 1997-98, the issue's various aspects, and sources of further information. Issues identified are: (1) the Higher Education Act Reauthorization (issues relating…

"Chronicle of Higher Education" presents an abundant source of news and information for college and university faculty members and administrators. This July 9, 2004 issue of "Chronicle of Higher Education" includes the following articles: (1) "Learning Communities Can Be Cohesive-And Divisive" (Jaffee, David); (2)…