The Digital Millennium Copyright Act of 1998 (DMCA) outlines the actions that institutions can take to reduce copyright infringement liability. If faculty, staff or students engage in copyright infringement, institutions can be protected against liability by taking certain actions, including providing information materials to all system and network users describing and promoting compliance with US copyright law. This paper describes a collaborative endeavor undertaken by the Mabee Library and Information Technology Services (ITS), Washburn University, to develop a copyright Web site that educates faculty, staff, and students about their legal obligations as users of copyrighted works and their legal rights as copyright holders.

Introduction

In July 2001 the University Counsel at Washburn University, Topeka, KS, and the Manager of Web Services for Information Technology Services (ITS) attended the Computer Policy and Law Seminar at Cornell University. Participants at the conference explored recent developments in computer policy, law and the Internet, including the Digital Millennium Copyright Act of 1998 (DMCA). The DMCA outlined actions that Internet Service Providers should take to reduce copyright infringement liability. As an online service provider for its faculty, staff, and students, Washburn University was required to designate an individual to whom notices of alleged online copyright infringement could be sent. In addition, Washburn could protect itself against liability by providing information materials to all system and network users describing and promoting compliance with US copyright law.

The copyright committee

At the direction of the University Counsel, the Manager of Web Services was named Washburn's DMCA agent and asked to chair an ad hoc copyright committee whose responsibility it was:

1.
to address the requirements of the DMCA;
2.
to raise awareness of Web and non-Web copyright issues on to campus; and
3.
to educate Washburn faculties, staff and students about their legal rights and responsibilities under US copyright law.

The Manager of Web Services also recruited members of the Copyright Committee. She enlisted individuals who, because of their positions on campus, were somewhat familiar with copyright law. The Manager recruited the Library Webmaster, because the library had a Web page about copyright on its site that the Manager thought could be the foundation for an expanded copyright education site. The Manager of Instructional Media (ITS) and the Administrator of Online Classes (ITS) also were asked to serve on the Copyright Committee. The University Counsel, although not an official member of the committee, provided advice and monitored the committee's progress.

Following the Computer Policy and Law Seminar, the Manager of Web Services published a DMCA Web page (http://www.washburn.edu/dmca). It included a statement reminding users of Washburn Web servers that they were responsible for obtaining permission to use copyrighted works. The page also contained contact information for Washburn's registered DMCA agent, directions on how to report a claim of Web copyright infringement to the designated agent, and a brief explanation of how Washburn would handle a claim of copyright infringement. In addition, a hyperlink directed the visitor to copyright education materials that would be developed by the Copyright Committee.

Copyright compliance on campus

Copyright policies and procedures

The first assignment of the Copyright Committee was to gather information for the University Counsel about what already was being done on campus to promote copyright compliance. Each member of the committee provided copies of copyright statements, policies, or forms used in their respective areas. These included:

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copyright notices in the Mabee Library located near photocopiers, on course reserves, on journal articles requested through interlibrary loan, and on circulating computer software;
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instructional media "fair use" guidelines, a photo release form, and a model release form used in Instructional Media Services;
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the University's World Wide Web policy that explained acceptable uses of campus computer resources; and
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the copyright notice that appeared on the footer of all online classes in WebCT.

In addition, other University documents that addressed copyright issues were gathered. These included:

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a draft of the University's Intellectual Property Rights Policy;
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the section of the Faculty Handbook that addressed the use of copyrighted materials in the classroom; and
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the section of the Student Disciplinary Code that addressed plagiarism.

Copyright education materials

The second assignment of the Copyright Committee was to develop the copyright education materials that would be used to inform Washburn faculty, staff, and students about their legal rights and responsibilities under US copyright law. The committee considered a variety of formats, including print, audio, video, and digital, before it settled upon a Web site. A Web site offered one element not possible with the other formats – interactivity. Committee discussions at this time always returned to the idea of an online quiz that visitors could complete to check their copyright IQ. The committee also wanted to make more readily available the Washburn policies and forms related to copyright it had gathered from various locations. The Technology, Education and Copyright Harmonization (TEACH) Act was proposed legislation whose progress the committee was tracking. If this legislation became law, it would mean that the copyright education materials developed previously would have to be revised. It was much easier to update a Web site than a print, audio, or video product.

The Copyright Committee designed the "Copyright at Washburn University" home page (see Figure 1) to address common questions about copyright. What can and cannot be copyrighted? Why are copyrights important? What are my rights as a copyright holder? Whom should I contact if I find that someone is using my copyrighted work without permission? Where can I get permission to use copyrighted material? What is public domain? What is fair use? What are the consequences of using copyrighted works without permission? When a visitor selected the word "answer," the answer to the question would open in a new window.

Figure 1 Copyright at Washburn University home page

Another question the Copyright Committee wanted to address was that of how to obtain permission to use copyrighted works. The members of the committee knew how confusing, complicated, and time-consuming a process it could be. The Web site, therefore, needed to include information about how to avoid copyright infringement, the penalties for infringement, a sample letter requesting permission to use a copyrighted work, and hyperlinks to copyright clearance centers. The committee located this information on the copyright site's secondary page so it would be prominent (see Figure 2).

Figure 2 Copyright at Washburn University secondary page

Other content on the secondary page of the Web site came together piece by piece as the committee discussed issues and concerns regarding copyright. Introductory information on the page addressed the question "Why is copyright important?" The portion labeled "Washburn Resources" originally included only the internal policies previously mentioned. Other items were subsequently added, including a copyright glossary, examples of different styles for citing sources, a use of student work(s) form, a copyright primer for online classes, and a PowerPoint presentation about copyright in the virtual classroom. The portion labeled "Additional Resources" included hyperlinks to a few, selected reference sites about copyright law and "fair use."

Each committee member, because of his/her position on campus, had seen numerous misuses of "fair use." Information needed to be provided about the "fair use" of copyrighted works taken from books, periodicals, television, music, film, video, and the World Wide Web. The "fair use" of copyrighted works in multimedia projects and in online classes also needed to be included. The committee did not want the "fair use" information to be as comprehensive as that found at the Stanford University Libraries' "Copyright and Fair Use" site (http://fairuse.stanford.edu), for example, but it did like the way the Stanford site provided simple "rules of thumb" to help faculty, staff, and students decide if a proposed use met "fair use" guidelines. Rules of thumb explaining the "fair use" of copyrighted works taken from books, periodicals, television, and the other formats became the content of the site's tertiary pages (see Figure 3).

Figure 3 Copyright at Washburn University tertiary page featuring World Wide Web copyright

The committee also decided, at this point, that a valuable addition to the copyright Web site would be examples which illustrated ways faculty, staff, and students frequently use copyrighted works according to "fair use" guidelines. In fact, if the committee members wrote the examples as true/false questions, these "scenarios" could serve as the copyright quiz. For example, a typical scenario stated:

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True or False: A professor may photocopy (or ask to have photocopied) a single copy of a chapter from a library book in preparation for teaching.

The answer explained:

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TRUE! It is "fair use" for a single copy of a chapter, an article, a short story, a short poem, a chart, a cartoon, or a picture from a book, journal, or newspaper to be photocopied and retained in files for personal or research use or to teach a class. The professor is also permitted to read the material to a class, write it on the blackboard, or make an overhead transparency for use in teaching.

Writing the quiz scenarios proved to be the most time-consuming activity for committee members. Each word of each scenario and answer was carefully scrutinized for clarity and accuracy until all committee members were satisfied with the wording. The Administrator of Online Classes designed the quiz pages (see Figure 4) so a new window would open to display the correct answer. The visitor could proceed from one question to the next or close the window and exit the quiz at any time.

Figure 4 Copyright quizzes main page

As the committee designed the "Copyright at Washburn University" site, it kept its objectives in mind. The committee wanted the site small enough that visitors could quickly find information to meet their needs. The emphasis would be on information relevant to Washburn faculty, staff, and students. Hyperlinks to external copyright reference sites would be kept to a minimum. Information about how to obtain permission to use copyrighted works would be prominent. Interactivity was important. The quiz provided interactivity as well as guidance for faculty, staff, and students to determine if a proposed use of a copyrighted work met "fair use" guidelines. An e-mail directed to copyright@washburn.ed provided a way for Washburn faculty, staff, and students to contact the Copyright Committee about copyright questions. Copyright@washburn.edu also proved beneficial as a way for members of the committee to discuss questions that arose and respond with a unified voice.

Copyright education for students

As the Copyright Committee decided upon the content for the various levels of the site, it became clear to the members that the same content would not be appropriate for faculty/staff and students. The committee decided to split the Web site into two sections: one for faculty and staff, the other for students. Originally, the committee wanted the student section of the copyright Web site to feature cheating, plagiarism and general guidelines for the use of copyrighted works by students. However, the site needed to grab the attention of the student visitor; committee members did not believe that information regarding cheating and plagiarism would do that. An idea that came to one of the committee members in the wee hours of the morning resolved the dilemma.

In the final design the student section of the copyright site was divided into three areas: headlines, bylines and guidelines. The "headlines" were taken from news stories describing how college students had been caught and fined for copyright infringement. The "bylines" featured Washburn students who had created original works that were protected by US copyright law. The "guidelines" suggested do's and don'ts related to the use of copyrighted works (see Figure 5).

Figure 5 Copyright at Washburn University student home page

Promoting "Copyright at Washburn University"

In January 2002 an e-mail message was routed to all faculty and staff promoting the DMCA Web page. This message also informed them that a copyright education Web site would be forthcoming in Fall 2002 that would provide guidelines for what to do (or not to do) in the most common scenarios requiring copyright consideration. By July 2002 the faculty/staff section of the copyright Web site was online (http://www.washburn.edu/copyright). It was officially unveiled in August 2002 at the New Faculty Information Fair. The Copyright Committee promoted "Copyright at Washburn University" in other ways as well. A press release was posted to the campus newswire, an article appeared in the Information Technology Services newsletter, and three members of the Copyright Committee presented a seminar at a regional library symposium. In addition, the committee conducted a "Faculty Focus on Technology" workshop that was repeated on two consecutive afternoons. At the workshop, each member of the Copyright Committee briefly discussed copyright issues related to their area of expertise. A demonstration of the copyright Web site followed. Students were informed about "Copyright at Washburn University" through a targeted announcement in MyWashburn, the University's Campus Pipeline portal.

Conclusions

"Copyright at Washburn University" has helped the Copyright Committee to raise awareness among faculty, staff, and students about their legal rights and responsibilities under US copyright law. University liability for copyright infringement claims has been reduced by the Copyright Committee's education efforts. Copyright questions can be difficult to answer. A copyright group makes it easier to address copyright questions asked on campus, and a copyright Web site is a good way to summarize the findings of the group. In addition, a Web site makes it easier to update and revise information as copyright guidelines change. Finally, one of the library's strategic goals included building a more collaborative relationship with Information Technology Services. This effort served that purpose.

The references listed below were resources that the Copyright Committee used extensively as they researched and developed the content for "Copyright at Washburn University."

ReferencesAgreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals, available at: web.mit.edu/ctc/www/agreement.htm (accessed 7 January 2003).Crews, K.D. (2000), Copyright Essentials for Librarians and Educators, American Library Association, Chicago, IL.(The) Digital Millennium Copyright Act of 1998, available at: www.loc.gov/copyright/legislation/dmca.pdf (accessed 7 January 2003).Fair Use Guidelines for Educational Multimedia, available at: www.indiana.edu/~ccumc/copyright/ccguides.html (accessed 7 January 2003).Stim, R. (2000), Getting Permission: How to License and Clear Copyrighted Materials Online and Off, Nolo.com, Berkeley, CA.Strong, W.S. (1999), The Copyright Book: A Practical Guide, MIT Press, Cambridge.Talab, R.S. (1999), Commonsense Copyright: a Guide for Educators and Librarians, McFarland, Jefferson, NC.(The) Technology, Education and Copyright Harmonization (TEACH) Act, available at: www.ala.org/washoff/teach.html (accessed 7 January 2003).United States Copyright Office, available at: www.loc.gov/copyright (accessed 7 January 2003).Wherry, T.L. (2002), The Librarian's Guide to Intellectual Property in the Digital Age: Copyrights, Patents, and Trademarks, American Library Association, Chicago, IL.

Judy Druse (judy.druse@washburn.edu) is Curriculum Media Librarian at Mabee Library, Washburn University, Topeka, Kansas, USA. Susan Jarchow (RichEditWindow) is Assistant Director and Manager of Web Services for Information Technology Services, Washburn University, Topeka, Kansas, USA. Brenda White (brenda.white@washburn.edu) is Manager of Instructional Media for Information Technology Services, Washburn University, Topeka, Kansas, USA. Kevin Wohler (kevin.wohler@washburn.edu) is Administrator of Online Classes for Information Technology Services, Washburn University, Topeka, Kansas, USA.

Copyright Education at Washburn University

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