Revised Copyright Recommendations April 2012

Based on feedback from the ITLC, OGC, UCEP, and UCOLASC, the Educational Technology Leadership Group makes the following revisions to its recommendations on copyright:

1. Develop a single UC Copyright and Fair Use website, that provides all UC Faculty and Staff:
   1. A unified UC interpretation/definition of “Fair Use”;
   2. Unified policies, procedures and processes for ensuring faculty and staff have what they need to protect the university from misuse and litigation.
   3. A designated single point of contact for faculty and staff who require assistance related to fair use and copyright issues on each campus.

      Revision to Item #1

      Based on further consideration of the feedback received, including specific feedback from UCOLASC and OGC, the ETLG no longer recommends a rigid framework such as the one described in item #1a ("unified interpretation") and #1b. We agree with UCOLASC that over-specification could have a negative effect, especially when one considers the individual campus legal liability that exists, as echoed in feedback from the OGC. ETLG continues to support the recommendation that a single point of contact on each campus (item 1c) be established. Clearly, this point of contact would most likely exist within the library or within an Academic Support office and not within an IT department or educational technology department.

      # Establish standard UC guidelines on ‘fair use’ as it pertains to instruction, which:
   4. Define the level of risk the university is willing to tolerate in the area of potential interpretation by copyright owners and lawyers as copyright infringement;
   5. More clearly stipulate system wide, campus, and individual responsibilities within a unified copyright and fair use service provision that relies on a codified set of standards while allowing for differentiation at the local level.

1. Adopt a standard (online) training curriculum across the UCs to enable students, faculty and staff to lawfully use and store information within our IT systems (both at the campus and system wide level).
   1. Consider for possible inclusion in the “Mandatory Education” initiative defined in the Working Smarter Progress Report: Administrative Efficiency at the University of California (dated January 1, 2011, p. 43).
   2. Periodically revisit the learning objectives of this training curriculum to align with legal developments and new requirements.
   3. Periodically assess the efficacy of this training curriculum.
   4. Make sure the training curriculum and training activities are accessible (ADA).
2. OGC to work with campuses to establish a risk assessment program regarding copyright use for teaching and learning for each campus.
   1. Include IT parameters in this risk assessment
   2. Aggregate reports annually for review by appropriate university entity
   3. Provide a definitive position whether it is legally possible to pass through any liability to the end user via a disclaimer.
3. Establish system wide IT procedures and practices to address conforming use of digital content.
4. Develop shared best practices across the UCs.
5. Review existing copyright support for instruction across the UCs so that we can leverage the good work that is already occurring on some campuses.
6. Generate instructional use case scenarios that can be shared across the UCs (ETLG can help this)