Administration discourages copyright infringement

While Tufts is not likely to become the target for litigation, the administration is conducting a campaign to educate the faculty and attempt to ensure that the "Tufts University Policy on Fair Use of Copyrighted Materials" is being followed. Copyright infringement by Tufts faculty members was one of the issues debated in the last Arts, Sciences & Engineering faculty meeting on Sept 18.

The fair use policy outlines the current US copyright laws, which were determined by the 1976 Copyright Act and subsequently modified by the 1998 Digital Millennium Copyright Act.

The University policy is very similar to the national copyright laws, according to Director of Tisch Library Jo-Ann Michalak, who was asked by the administration to educate the faculty on the topic. "We aren't risking anything," she said, as long as the policy is followed.

Many professors expressed dismay with the new focus on complying with the Tufts policy. The guidelines were circulated at the end of last semester in a memo.

History Professor Gerald Gill was initially against the policy because there had been no consultation or input from the faculty. "We were told that faculty members would have to procure their own permissions to use certain members," Gill said. "It's time consuming, and it's not something that department staff can do."

After hearing Michalak's statements at last month's faculty meeting, Gill declared himself "satisfied but not pleased. I understand why the University has to do it."

The campaign is a result of a variety of factors _ namely increasing wariness on the part of publishers as a result of the difficulty of enforcing copyright in the digital age.

Gill was not alone in his opinions. "Judging by the comments made at the faculty meeting, I would say a considerable number of faculty members feel similarly," he said. "Most of them are sympathetic to the situation in which the University finds itself, but not their solution."

This faction of the faculty would enjoy seeing Tufts take the lead in developing innovative approaches and solutions that would not lead to a decrease in available material.

Unlike some other schools, Tufts does not have a staff that works on obtaining copyright permissions for the professors, which means that they have to spend time doing it themselves _ time that many of them feel could be put to better use. Gill and other faculty members suggested that a permanent staff be hired and dedicated to the process.

Many professors are unwilling to alter their course material to comply with the newly enforced standards. Some worry that their focus may change from ensuring that students receive the best material available to confirming that sources used obey by economic and legal guidelines.

Professors often try to introduce their students to a wide variety of opinions and perspectives. Gill voiced concern that he now had less material available for his students to be exposed to. "The fact that I can't put this material on reserve means that I have a [lesser] range for students to learn different opinions and perspectives. This definitely affects how I teach my courses and how I lead discussion sessions."

The education campaign, which is being conducted by Tisch library at the administration's behest, focuses on recognizing and avoiding copyright infringement. Additionally, the campaign seeks to inform faculty of the different options and methods for receiving permission to use material, many of which professors may be unaware.

The library's copyright campaign, according to Michalak, is focused on awareness rather than enforcement. "The library has been charged with the responsibility of educating the faculty, not enforcing the law," she said.

Among other things, she said, professors can work with the library to examine the fastest and cheapest ways to get permission to use certain material.

Michalak said there are often other options, including hotlinks and library purchase of new texts. "It's a whole new way for them and the library to look at reserves," she said. "We need to interact and learn with each other."

Although the library is not enforcing policy _ as they do not screen the material placed on reserve _ the faculty still feels restricted. "If I were to put material on reserve then I personally would be liable," Gill said.

One of the difficulties in determining what is against the law and what is not is the "fair use" exemption. The exemption is described on the Tufts "fair use" website as "the 'fair use' of a copyrighted work, including copying for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright."

However, the "fair use" exemption is decided in court based on very loose guidelines, which include the type of material being used, the effect of that use on the market for the material, and the amount of the work used.

Given the size of the Tufts population, Michalak said, it is doubtful that publishers would actually act against the University. From the point of view of a publishing corporation, she said, any revenue lost because of copyright infringement at Tufts is minimal and not worth the trouble.